- 27 - 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.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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