Guy Nathaniel Gay, Jr., Petitioner and Kimberly S. Gibson, Intervenor - Page 8

                                        - 7 -                                         
          limitations, relief under section 6015(c) with respect to an item           
          giving rise to all or a portion of a deficiency is not available            
          to a taxpayer who had actual knowledge of that item.  Sec.                  
          6015(c)(3)(C).  A taxpayer has actual knowledge of an item if he            
          has:                                                                        
               an actual and clear awareness (as opposed to reason to know)           
               of the existence of an item which gives rise to the                    
               deficiency (or portion thereof).  In the case of omitted               
               income * * * the electing spouse must have an actual and               
               clear awareness of the omitted income. * * *                           
          Cheshire v. Commissioner, supra at 195.                                     
               Petitioner admits that he knew what intervenor’s employment            
          was during 1998, and that he knew that she derived a significant            
          amount of income from that employment both in the form of wages             
          and in the form of separate payments made by the State and                  
          private attorneys for the preparation of transcripts.  In fact,             
          petitioner stated in his request for section 6015 relief that “I            
          find especially hard to believe she [intervenor] would not report           
          the part time monies earned from the AOC as this was her primary            
          employer and also the amount earned was over $14,000.00.”  We               
          therefore find that petitioner had actual knowledge of the                  
          omitted income.  Id.  Consequently, he is not entitled to relief            
          pursuant to section 6015(b) or (c).  Sec. 6015(b)(1)(C), (b)(2),            
          (c)(3)(C).                                                                  
               The third avenue for relief under section 6015 is the                  
          equitable relief which may be afforded by section 6015(f).  This            






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011