- 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011