Andrew J. Zoglman - Page 7

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          replaced it.3  The requirement of section 6015(b)(1)(C) is                  
          similar to the requirement of former section 6013(e)(1)(C), in              
          that both provisions require a spouse who is seeking relief to              
          establish that “in signing the return, he or she did not know,              
          and had no reason to know” of the understatement.  Because of the           
          similarities, analysis in opinions concerning section                       
          6013(e)(1)(C) is instructive for our analysis of section                    
          6015(b)(1)(C).  See Jonson v. Commissioner, 118 T.C. 106 (2002);            
          Butler v. Commissioner, 114 T.C. 276, 283 (2000).                           
               Venue for appeal of our decision by petitioner would                   
          normally be to the Court of Appeals for the Ninth Circuit.  In              
          omission of income cases under former section 6013(e)(1), this              
          Court and the Court of Appeals for the Ninth Circuit have held              
          that a relief seeking spouse knows of an understatement of tax if           
          he knows of the transaction that gave rise to the understatement.           
          See Guth v. Commissioner, 897 F.2d 441, 444 (9th Cir. 1990),                
          affg. T.C. Memo. 1987-522; Braden v. Commissioner, T.C. Memo.               
          2001-69.  Accordingly, in such circumstances, innocent spouse               
          relief is denied.                                                           
               The record we consider supports our holding that petitioner            


               3Sec. 6015 was added by the Internal Revenue Service                   
          Restructuring and Reform Act of 1998, Pub. L. 105-206, sec.                 
          3201(a), 112 Stat. 685, 734.  Sec. 6015 is effective with respect           
          to any tax liability arising after July 22, 1998, and any tax               
          liability arising on or before July 22, 1998, that is unpaid on             
          that date.                                                                  





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