- 5 - withdrawal, and savings bond interest), and it would not be inequitable to hold her liable for the tax. In limited situations, taxpayers filing joint Federal income tax returns may be relieved of joint liability pursuant to section 6015. Petitioner is not entitled to relief under section 6015(b) if she had reason to know of the items of income. Sec. 6015(b)(1)(C). Similarly, petitioner is not entitled to relief under section 6015(c) if she had actual knowledge of the item giving rise to the omitted income. Sec. 6015(c)(3)(C); Cheshire v. Commissioner, 115 T.C. 183, 197 (2000), affd. 282 F.3d 326 (5th Cir. 2002). We agree with respondent that petitioner had actual knowledge of Mr. Orsino’s compensation relating to Betz Dearborne and National Engineering and his 401(k) withdrawal. Accordingly, with respect to Mr. Orsino’s compensation and 401(k) withdrawal, petitioner is not entitled to relief pursuant to section 6015(b) or (c). Petitioner, however, did not have clear awareness of the interest income relating to the savings bond. Cf. Cheshire v. Commissioner, supra at 197 (holding that knowledge of her husband’s pension withdrawal disqualified the taxpayer from section 6015 relief even though the taxpayer did not know the tax consequences of the transaction). Petitioner was led to believe that Mr. Orsino received a cash gift from his mother. She didPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011