Mary Jane Sylve, Petitioner, and Norman V. Sylve, Intervenor - Page 11

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               There are three types of relief available under section                
          6015.  In general section 6015(b)(1) provides full or apportioned           
          relief from joint and several liability, section 6015(c) provides           
          proportionate tax relief to divorced or separated taxpayers, and            
          section 6015(f) provides equitable relief from joint and several            
          liability in certain circumstances if neither section 6015(b) nor           
          (c) is available.                                                           
               Petitioner is not entitled to relief under section 6015(b)             
          or (c) for at least two reasons.  First, the unreported income,             
          that is, the distribution from the Dean Witter IRA, is, contrary            
          to the suggestions made in her brief, attributable to petitioner.           
          The QDRO assigns 100 percent of intervenor’s interest in the                
          Dean Witter IRA to petitioner.  That being the situation, the               
          distribution from the Dean Witter IRA is considered a                       
          distribution to her.  See sec. 408(d)(6); cf. Jones v.                      
          Commissioner, T.C. Memo. 2000-219.  Second, even if the                     
          distribution were attributable to intervenor, knowledge of that             
          distribution precludes relief under section 6015(b) or (c).                 
          Cheshire v. Commissioner, 115 T.C. 183, 195 (2000), affd. 282               
          F.3d 326 (5th Cir. 2002); see also King v. Commissioner, 116 T.C.           
          198 (2001).  Petitioner’s position that she was unaware of the              
          circumstances surrounding the distribution ignores a fundamental            
          rule of agency; i.e., knowledge to the agent is imputed to                  







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