Timothy R. Becherer - Page 5

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          (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 the                 






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