- 12 - off a credit card debt. Prior to filing their 1997 return, petitioner and Mrs. Parker received tax advice from Mrs. Snyder. Mrs. Snyder had previously worked in a bank and had a financial background. Petitioner’s claim of lack of knowledge is uncorroborated. Nothing in the record in this case persuades us that petitioner lacked knowledge of Mrs. Parker’s pension distributions. Based on the record, we conclude that petitioner knew about Mrs. Parker’s pension distributions that gave rise, in part, to the understatement of the 1997 tax and therefore, petitioner fails to satisfy the requirement of section 6015(b)(1)(C). Accordingly, it is unnecessary to consider the remaining requirements of section 6015(b)(1). We sustain respondent’s determination that petitioner is not entitled to relief under section 6015(b)(1). Moreover, because we conclude that petitioner knew of Mrs. Parker’s pension distributions in their entirety, he is not entitled to apportionment of relief under section 6015(b)(2). In general, section 6015(c) allows proportionate tax relief through allocation of the deficiency between individuals who filed a joint return and are no longer married, or who are legally separated, or who have been living apart for preceding 12 months. However, such allocation is not permitted if the Secretary demonstrates that the requesting spouse had actual knowledge, at the time the return was signed, of any item givingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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