- 8 - cash; therefore, petitioner believed all three companies who paid Ms. DeFore nonemployment compensation were controlled by Mr. Hall. The return did not include the income from TJR Partnership and S G, Inc., as reflected on the information returns issued by these entities. A spouse has “reason to know” of an understatement of income if “a reasonable prudent taxpayer in * * * [his] position at the time * * * [he] signed the return could be expected to know that the return contained the substantial understatement.” Jonson v. Commissioner, 118 T.C. 106, 116 (2002) (citing Price v. Commissioner, 887 F.2d 959, 965 (9th Cir. 1989)). Although petitioner did not know the exact amount of Ms. DeFore’s compensation, he admitted he knew she worked for Mr. Hall for the last 5 months of 2001. Furthermore, Ms. DeFore worked solely for Mr. Hall during those months, and, during that time, Ms. DeFore continued paying her portion of the bills.4 Using the reasonable taxpayer standard, the Court concludes that petitioner had reason to know that Ms. DeFore earned more than $2,658 in her 5 months of working with Mr. Hall. Therefore, petitioner is denied relief under section 6015(b). The second avenue for relief is section 6015(c). Section 6015(c) affords proportionate relief to a spouse through 4 Petitioner did not testify as to the exact bills Ms. DeFore was responsible for.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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