Angela Rae Zachry, Petitioner, and Curtis Carlin, Intervenor - Page 9

                                        - 8 -                                         
               The only information received was a statement documenting *            
               * * [petitioner’s] testimony at the conference and some                
               child support checks issued by her ex-husband in 2000.                 
               Subsequent discussions with the taxpayer and her Power of              
               Attorney did not result in any further documentation.  The             
               taxpayer has raised no other collection alternatives.  The             
               decision on the appropriateness of the proposed collection             
               action was made based on the information in the case file,             
               the information available in the master file account, the              
               assessment information, and on information submitted by the            
               taxpayer.  No financial information was provided to allow a            
               decision based on financial circumstances.                             
               Because petitioner presented no additional information to              
          establish she had no knowledge of intervenor’s underreporting of            
          the pension distribution, the Appeals officer found no basis for            
          overturning the denial of the original request for relief on the            
          basis of knowledge.                                                         
               Petitioner asserts she did not know of the 1996 tax                    
          understatement attributable to the distribution to intervenor of            
          his deceased mother’s pension because she was told that                     
          intervenor’s sole inheritance was from the sale of Ms. Carlin’s             
          residence.  Petitioner readily admitted she was aware intervenor            
          received approximately $200,000 after Ms. Carlin passed away;               
          however, petitioner contended she believed the entire amount came           
          from the sale of Ms. Carlin’s residence and had no reason to                
          believe otherwise.  The knowledge standard for purposes of                  
          section 6015(c)(3)(C) is an actual and clear awareness, as                  
          opposed to reason to know, of the existence of an item that gives           
          rise to the deficiency.  Cheshire v. Commissioner, supra at 195.            







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