- 24 - and to withdraw money or to write checks from their joint bank accounts.13 1. Knowledge, or Reason To Know, About the Items of Community Income Reported on Petitioner’s Return Petitioner did not argue that she did not know about the $723 of interest income or the $2,180 in distributions from her IRA that were reported on her return. However, with respect to the $31,385 of wages petitioner purportedly earned from Premium Fresh Juice, petitioner testified that Mr. Bennett placed her on his company’s payroll without her knowledge.14 In evaluating whether petitioner knew, or had 13 We have granted relief from joint and several liability on a joint return in cases involving an unsophisticated spouse and a controlling spouse who misled, controlled, or hid financial matters from the unsophisticated spouse. See, e.g., Guth v. Commissioner, 897 F.2d 441, 442 (9th Cir. 1990), affg. T.C. Memo. 1987-522; Price v. Commissioner, 887 F.2d 959 (9th Cir. 1989); Laird v. Commissioner, T.C. Memo. 1994-564. These cases involved relief from joint and several liability on a joint return pursuant to former sec. 6013 and sec. 6015 rather than relief under sec. 66. However, we believe that interpretations of spousal relief from joint liability are instructive to our interpretation of equitable relief from community income. See, e.g., Beck v. Commissioner, T.C. Memo. 2001-198. 14 Although we previously concluded that petitioner had knowledge or reason to know of Mr. Bennett’s wages from Premium Fresh Juice for purposes of sec. 66(c)(3) because a taxpayer’s knowledge of a particular item of community income is determined with reference to knowledge of a particular income-producing activity, see supra pp. 18-19, that conclusion has no bearing on the wages purportedly earned by petitioner. Although both petitioner’s purported wages and Mr. Bennett’s wages were from Premium Fresh Juice, they are distinctly different. We have concluded that petitioner, unlike Mr. Bennett, did not perform services for Premium Fresh Juice and, thus, amounts paid to her (continued...)Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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