- 14 - Because these requisites are stated in the conjunctive, it is necessary that the taxpayer claiming relief establish that all requisites of section 6015(b)(1)(A) through (E) have been met. Mitchell v. Commissioner, T.C. Memo. 2000-332; Kalinowski v. Commissioner, T.C. Memo. 2001-21. Respondent agrees that petitioner satisfies the requirements of section 6015(b)(1)(A), (B), and (E) for both years at issue. Respondent further agrees that, for 1992, petitioner satisfies the requirements of section 6015(b)(1)(C) because petitioner did not know and had no reason to know of the understatement, since petitioner did not sign the 1992 return and did not know the contents of that return. For 1993, respondent contends that petitioner knew or had reason to know of the understatement of tax and, therefore, fails to satisfy section 6015(b)(1)(C). Respondent also contends that, as to both 1992 and 1993, taking into account all the facts and circumstances, it would not be inequitable to hold petitioner liable for the understatement under section 6015(b)(1)(D). With respect to the 1993 return, the Court is satisfied from the record that petitioner had reason to know of the understatement. Both petitioner and her daughter were more than just skeptical about the substantial carryover loss. They questioned the past credibility of Mr. Gurr, and, moreover, neither petitioner nor her daughter was satisfied with thePage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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