- 11 - Respondent counters that it is irrelevant whether petitioner was absent from her home from May to December of 2000. The Forms 1099 for the omitted income would have been mailed in early 2001, after petitioner had moved back into the house. Both petitioner and intervenor had access to the mail at the address where the Forms 1099 were sent during early 2001. Intervenor did not leave petitioner until October of that year. Nevertheless, the Court finds that petitioner’s testimony was credible and persuasive that she was unaware of the omitted income until January of 2004. See Rowe v. Commissioner, T.C. Memo. 2001-325 (finding that the taxpayer had no actual knowledge of an IRA distribution, even though periodic statements from the financial institution managing the IRA were sent to her home address, since other family members also picked up the mail). Petitioner’s testimony that she had no involvement in any aspect of intervenor’s business was also credible. Petitioner’s training was in elementary education. Petitioner worked as a teacher for the first 4 months in 2000, but was a homemaker for the remainder of the year. Petitioner stayed home with her five children while she relied on intervenor to provide for the family. Respondent has failed to meet his burden to prove that, at the time petitioner signed the 2000 return, she had an actual and clear awareness of the omitted income.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011