Tracie Young - Page 12

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          the time such individual signed the return, of any item giving              
          rise to a deficiency (or portion thereof) which is not allocable            
          to such individual”.  Sec. 6015(c)(3)(C); Culver v. Commissioner,           
          116 T.C. 189, 194-195 (2001); Cheshire v. Commissioner, supra at            
               Respondent argues that petitioner had actual knowledge of              
          the unreported income because:  (1) She had access to the                   
          proceeds of Mr. Glaze’s wage income from Mayflower in the joint             
          checking account; (2) she occasionally reviewed the bank                    
          statements regarding their joint checking account; (3) she used             
          moneys from Mr. Glaze’s wage income to pay joint household                  
          expenses; and (4) the interest income received from the U.S.                
          Treasury was received jointly by petitioner and Mr. Glaze.                  
               In the present case, “the knowledge standard for purposes of           
          section 6015(c)(3)(C) is an actual and clear awareness * * * of             
          the existence of an item which gives rise to the deficiency”.               
          Cheshire v. Commissioner, supra at 195.                                     
               Petitioner is not entitled to relief from joint and several            
          liability under section 6015(c).  As discussed above, petitioner            
          had actual knowledge of the $24 of interest income.  Also, as               
          discussed above, petitioner was fully aware of all the underlying           
          factual circumstances concerning the wage income received by Mr.            
          Glaze from Mayflower.  See Cheshire v. Commissioner, supra.                 
          Consequently, petitioner had actual knowledge of the factual                

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