- 18 - petitioner and Mr. Rowe. Petitioner admitted signing the settlement statement for one of the properties and endorsing one of the checks. Petitioner’s name was signed on the settlement statement for the other property and on the other check; however, petitioner disputed at trial that she had made these signatures. The capital gains from the sales of the properties were not reported on petitioner and Mr. Rowe’s 1987 and 1988 returns. We agreed with respondent that the capital gains were allocable evenly between petitioner and Mr. Rowe. However, we rejected respondent’s argument that petitioner had actual knowledge of the omitted income. We did so largely on the basis of our finding that Mr. Rowe refused to allow petitioner to review most of their tax return information and that, consequently, she did not know of the sale of one of the properties, the amounts of the gain on the sales, or that any gains were made on the sales. We held that petitioner was entitled to relief under section 6015(c) for the half of the capital gains allocable to Mr. Rowe. Respondent’s position that petitioner had actual knowledge of the capital gains from the sales was based on the facts that she was a joint owner of the properties and her signature was on the settlement statements and the checks representing the proceeds of the sales. On the basis of these facts and the relevant legal precedent, we find that respondent had aPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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