- 10 - attributable to an omission of income from the joint return, the spouse’s knowledge or reason to know of the underlying transaction which produced the income is sufficient to preclude relief under section 6015(b)(1). Cheshire v. Commissioner, 115 T.C. 183, 192-193 (2000), affd. 282 F.3d 326 (5th Cir. 2002). In Cheshire, the taxpayer knew about the entire amount of retirement distributions even though she did not know the distributions were taxable. Petitioner and Mrs. Parker met with a financial adviser from U.S. Bank regarding their pension accounts. Petitioner testified that he “had always had that concern [that their pension assets were not insured by the Federal Deposit Insurance Corporation (FDIC)]”. Petitioner talked about this subject frequently. Mrs. Parker testified that petitioner requested that the pension distributions be made because the pension funds were “not protected by the FDIC”. He persisted in pressing the point until, as Mrs. Parker stated, he “bugged” her to make the pension withdrawals even though there was no other reason to do so. Yet, petitioner claims he did not know about the pension fund in question, when Mrs. Parker’s pension funds were withdrawn at his insistence. Petitioner’s knowledge of Mrs. Parker’s pension distributions is bolstered by the fact that, like the pension distribution made in the taxable year from petitioner’s own pension fund, Mrs. Parker’s pension distributions were depositedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011