- 28 - other documents pertaining to the returns. Petitioner testified that Mr. Rowe assured her he had records for petitioners’ tax returns. Petitioner claims that she was unaware of any gain from the sale of real estate and that she believed that all income, capital gains or otherwise, was included on petitioners’ tax returns.15 Petitioner has admitted that she knew Lots 22 and 27 were sold in 1987. However, respondent has not proven that petitioner knew the amount of the gain on the sale, or even that any gain was made on the sale. Therefore, respondent has failed to establish that petitioner had actual knowledge of this item giving rise to a deficiency. Accordingly, we hold that petitioner is entitled to relief from joint liability under section 6015(c) for the portion of this item allocable to Mr. Rowe. ii. Anorada Property Petitioner maintains that she was unaware that the Anorada property was sold in 1988. In connection with the sale of the Anorada property, a settlement check dated September 30, 1988, for $13,552.31 was written payable to “John Rowe and Donna Rowe”. Petitioner claims that she did not endorse the settlement check because the signature does not look like hers and because she 15We note that the first page of the 1987 return lists a capital gain of $30,159, which is almost the same amount of gain realized on the sale of Lots 22 and 27.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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