- 7 - 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 L. 105-206, sec. 3201(a), 112 Stat. 734, Congress repealed sec. 6013(e) and enacted sec. 6015(b).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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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