John A. Rowe and Donna L. Rowe - Page 27




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          the financial gain, the electing spouse may still qualify for               
          relief under section 6015(c).  Id.  With those principles in                
          mind, we now consider whether petitioner had actual knowledge of            
          the omitted capital gains income.                                           
                         i.   Lots 22 and 27                                          
               With respect to Lots 22 and 27, petitioner testified that              
          she was aware that the property was sold to Harry and Shelby                
          Justice in 1987.  Petitioner signed the settlement statement for            
          the property and endorsed the check representing the proceeds               
          from the sale.  However, the evidence in the record supports                
          petitioner’s claim that she did not know the actual amount of               
          gain on the sale.  Petitioner testified that she simply signed              
          loan and deed documents and nobody explained them to her.  She              
          testified she did not see any type of financial statements at the           
          closing of any real estate, and she did not have access to any              
          statements or documents identifying the amount of interest paid             
          on any mortgages.14                                                         
               The testimony of petitioner and Mr. Rowe reflects that when            
          petitioners filed their Federal income tax returns for the years            
          in issue, petitioner was given the first two pages only of the              
          tax returns when signing the returns, and she was not afforded              
          the opportunity to see or review any attachments, schedules, or             



               14We note that the settlement statement does not identify              
          petitioners’ basis in the property at the time of sale.                     





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