- 41 - 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 lackedPage: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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