Charma Gatlin Cook - Page 8

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          second proposed finding might fairly be presumed, together those            
          two proposed findings demonstrate no more than that petitioner              
          had knowledge of the source of the unreported Thunder Alley                 
          receipts or, perhaps, had reason to know that Mr. Spruill might             
          have received those receipts.  We cannot conclude on the basis of           
          those proposed findings of fact that petitioner had actual                  
          knowledge of the omitted Thunder Alley receipts.                            
               It may well have been that, in order properly to prepare her           
          husband’s invoices and monthly summaries thereof, petitioner had            
          some knowledge of which customers had paid invoiced amounts, of             
          whether balances remained on some accounts, and of those                    
          customers to which she would need to send further invoices.  From           
          evidence of such knowledge, we might be able to conclude that               
          petitioner had actual knowledge of the omitted Thunder Alley                
          receipts.  The record, however, is bare of such evidence.                   
          Petitioner appeared at trial and testified; respondent’s counsel            
          examined her, but she did not inquire as to the details of the              
          invoicing procedures.  Respondent did not call Mr. Spruill.                 
          Respondent has failed to prove that, at the time petitioner                 
          signed the 1998 joint return, she had actual knowledge of the               
          omission of the Thunder Alley receipts.                                     
               C.  Conclusion                                                         
               Petitioner was eligible to elect relief under section                  
          6015(c), and respondent has failed to nullify the election by               






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