- 7 - Commissioner, 114 T.C. 333, 341 (2000); Rowe v. Commissioner, T.C. Memo. 2001-325; Martin v. Commissioner, T.C. Memo. 2000-346. Respondent did not call Jorgensen to testify. Respondent failed to prove that, at the time petitioner signed the 1999 joint return, she had actual knowledge of the omission of the nonemployee income from the return. Conclusion Petitioner is eligible for relief under section 6015(c), and respondent has failed to nullify her election by demonstrating that she had actual knowledge of the item giving rise to the deficiency at the time she signed the joint return. Respondent erred in denying petitioner relief under section 6015(c). Petitioner has no liability for the deficiency. Reviewed and adopted as the report of the Small Tax Case Division. Decision will be entered for petitioner.Page: Previous 1 2 3 4 5 6 7 8
Last modified: May 25, 2011