- 15 - Respondent must also establish that petitioner had knowledge of the amount of omitted income. “[W]here an electing spouse has actual knowledge of an income source, but no knowledge of the amount of the financial gain, the electing spouse may still qualify for relief under section 6015(c).” Rowe v. Commissioner, T.C. Memo. 2001-325; sec. 1.6015-3(c)(4), Example (4)(ii), Income Tax Regs. After a thorough review of the record we hold that respondent has established petitioner’s actual knowledge of the existence and amount of Ms. Morrison’s benefit income. At the time of signing the 1996 joint return, petitioner knew Ms. Morrison had received monthly benefits and a lump-sum benefit award. He was made aware of the amount of benefits when Ms. Morrison presented her benefit statement to the joint return preparer and through discussions of the benefits with Ms. Morrison. Accordingly, we hold that petitioner is ineligible to elect the application of section 6015(c) and is not entitled to relief from joint and several liability. To reflect the foregoing, Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
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