- 5 - (A) and (E). For the sake of completeness, we shall discuss the application of 6015(b)(1)(B), (C), and (D). See Jonson v. Commissioner, supra at 119. A. Section 6015(b)(1)(B): Attributable to One Spouse Section 6015(b)(1)(B) mandates that the understatement of tax be attributable to erroneous items of the nonrequesting spouse. Five items were omitted from the 1996 return and petitioner concedes that two of the items, the distribution from the City of Clearwater and the income received from Cenex Services, are solely attributable to him. Therefore, petitioner cannot qualify for section 6015(b) relief for the two items. B. Section 6015(b)(1)(C): Know or Reason To Know The requirement in section 6015(b)(1)(C), the no-knowledge-of-the-understatement requirement, is virtually identical to the requirement of former section 6013(e)(1)(C); therefore, cases interpreting former section 6013(e) remain instructive to our analysis. Jonson v. Commissioner, supra at 115; Butler v. Commissioner, 114 T.C. 276, 283 (2000). Venue for appeal of our decision would be to the U.S. Court of Appeals for the Ninth Circuit. In omission of income cases under former section 6013(e)(1), this Court and the U.S. Court of Appeals for the Ninth Circuit have held that a spouse seeking relief knows of an understatement of tax if he or she knows or has reason to know of the transaction that gave rise to thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011