- 45 - such relief. Alt v. Commissioner, 119 T.C. 306, 313 (2002), affd. 101 Fed. Appx. 34 (6th Cir. 2004). The parties agree that petitioner satisfies section 6015(b)(1)(A), (B), and (E). Petitioner argues, and respondent disputes, that she satisfies section 6015(b)(1)(C) and (D). Section 6015(b)(1)(C) Pursuant to section 6015(b)(1)(C), petitioner must establish that in signing the 1982 joint tax return she did not know, and had no reason to know, of the understatement of tax in that return attributable to the claimed $58,089 Madison Recycling loss and the claimed Madison Recycling tax credits of $114,407 (under- statement in the 1982 joint tax return). Respondent does not dispute that in signing the 1982 joint tax return petitioner did not have actual knowledge of the understatement in the 1982 joint tax return. The parties dispute whether in signing the 1982 joint tax return petitioner had reason to know of the understatement in the 1982 joint tax return. According to respondent, petitioner had constructive knowl- edge of the items reported in the 1982 joint tax return. Respon- dent is correct that a taxpayer who signs a tax return without reviewing it is charged with constructive knowledge of its contents. See Bokum v. Commissioner, 94 T.C. 126, 148 (1990), affd. 992 F.2d 1132 (11th Cir. 1993). We must nonetheless determine whether in signing the 1982 joint tax return petitionerPage: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
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