Ray W. and Marilyn S. Sowards - Page 41

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               In Rowe v. Commissioner, supra, we found that the electing             
          taxpayer did not have actual knowledge of omitted income                    
          distributed from an IRA opened in her name.  The Commissioner               
          attempted to establish the requisite knowledge by citing the fact           
          that the IRA statements were mailed to the taxpayer’s home                  
          address and bore the electing spouse’s name.  Finding the                   
          electing taxpayer credible, we determined that the Commissioner             
          failed to prove that she had an actual awareness of the omitted             
          income.                                                                     
               On the basis of the record, we hold that respondent failed             
          to prove that Ms. Sowards had an actual and clear awareness of              
          the omitted income.  Ms. Sowards credibly testified that she did            
          not know of the nature and amounts of the payments made by STL to           
          WPA, which was confirmed by Mr. Sowards’s testimony.                        
          Accordingly, we hold that petitioner is entitled to relief from             
          liability under section 6015(c) for the omitted income.                     
                    (b) Erroneous Deductions                                          
               In King v. Commissioner, 116 T.C. 198, 204 (2001), we held             
          that “the proper application of the actual knowledge standard in            
          section 6015(c)(3)(C), in the context of a disallowed deduction,            
          requires respondent to prove that petitioner had actual knowledge           
          of the factual circumstances which made the item unallowable as a           
          deduction.”  In that case, the Commissioner disallowed a                    
          deduction because the electing taxpayer’s former spouse lacked              






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