Irwin I. Skoller and Marsha Skoller - Page 8




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               These requirements are expressed in the conjunctive, and               
          thus, a requesting spouse must satisfy all requirements of                  
          section 6015(b)(1).  Subparagraphs (A), (B), and (E) are not in             
          dispute.  The parties disagree only as to whether Ms. Skoller               
          satisfies the requirements of subparagraphs (C) and (D).                    

               Subparagraph (C) requires that the requesting spouse “not              
          know, and [have] no reason to know, that there was [an]                     
          understatement” of tax.  Sec. 6015(b)(1)(C).  There are two                 
          aspects of section 6015(b)(1)(C).5  First, “where a spouse                  
          seeking relief has actual knowledge of the underlying transaction           
          * * * innocent spouse relief is denied.”  Cheshire v.                       
          Commissioner, 115 T.C. 183, 192-193 (2000), affd. 282 F.3d 326              
          (5th Cir. 2002).  For purposes here, we are willing to assume               
          that Ms. Skoller did not have actual knowledge of the underlying            
          transaction.                                                                

               Nonetheless, she must still satisfy the second prong of                
          section 6015(b)(1)(C).  A requesting spouse has reason to know of           



               5  As part of the Internal Revenue Service Restructuring and           
          Reform Act of 1998, Pub. L. 105-206, sec. 3201(a), 112 Stat. 734,           
          Congress repealed sec. 6013(e) and enacted sec. 6015(b).  The               
          language of sec. 6015(b)(1)(C) is similar to the language in                
          former sec. 6013(e)(1)(C).  Both provisions require that the                
          requesting spouse “did not know, and had no reason to know” that            
          there was an understatement of tax.  H. Conf. Rept. 105-599,                
          supra at 249, 1998-3 C.B. at 1003.  Accordingly, the caselaw                
          interpreting the language under sec. 6013(e) will be applied in             
          interpreting the same language under sec. 6015(b).  Butler v.               
          Commissioner, 114 T.C. 276, 283 (2000).                                     





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