- 16 - In Rowe I, we granted petitioner relief under section 6015(c) for the IRA distributions, farming activity losses, and the half of the capital gains, mortgage interest, and charitable contributions allocable to Mr. Rowe. As previously mentioned, relief is not available under section 6015(c) for the portion of the deficiency allocable to the electing spouse; thus, petitioner was not entitled to relief under section 6015(c) for the halves of the capital gains, mortgage interest, and charitable contributions that were allocable to her. a. IRA Distributions In 1990, distributions were made from an IRA in petitioner’s name and the taxable amount of the distributions was not reported on petitioner and Mr. Rowe’s 1990 return. Petitioner testified that she usually picked up the mail and that she opened the letters that were addressed to her. Relying in large part on petitioner’s credible testimony that she was unaware of the IRA or any distributions therefrom, we found that this item was allocable to Mr. Rowe and that petitioner did not have an actual and clear awareness of the omitted income. Respondent’s position was that petitioner was not entitled to relief under section 6015(c) for the IRA distributions because this item was allocable solely to her and she had actual knowledge of the IRA and the distributions. Respondent based his position on the facts that the account was opened in her name,Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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