- 5 - actual knowledge of the item giving rise to the omitted income. E.g., Jonson v. Commissioner, 118 T.C. 106, 115 (2002); Cheshire v. Commissioner, 115 T.C. 183 (2000), affd. 282 F.3d 326 (5th Cir. 2002); see also Charlton v. Commissioner, 114 T.C. 333 (2000); sec. 1.6015-3(c), (d)(3), Income Tax Regs. Petitioner, who prepared and filed the joint return, omitted Mr. Tice’s income relating to TDI. She knew Mr. Tice’s compensation rate during the period he worked for TDI. Thus, petitioner had actual knowledge of 50 percent of the item of income giving rise to the deficiency. See sec. 1.6015-3(c)(4), Example (4)(ii), Income Tax Regs. Accordingly, pursuant to section 6015(b) and (c), petitioner is not relieved of liability for the tax deficiency attributable to 50 percent of the omitted income. Pursuant to section 6015(f), respondent is granted discretion to award relief from joint and several liability where such relief is otherwise unavailable pursuant to section 6015(b) or (c) if the facts and circumstances indicate that it would be inequitable to hold the spouse seeking relief liable for the deficiency. We conclude that it would not be inequitable to hold petitioner liable for the remaining portion of the deficiency (i.e., the portion attributable to 50 percent of the omitted income). She knew of 50 percent of the omitted income and failed to establish economic hardship or that Mr. Tice had the legal obligation to pay the additional tax liability. See Rev. Proc.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011