- 12 - that the knowledge factor weighed in David’s favor. We thus need to look elsewhere to decide at which time the Commissioner should have measured David’s knowledge. The first place we look is at a case where a wife who requested relief didn’t know about an IRA distribution that her husband failed to report when she signed the original return. She learned about the distribution only after her husband’s death, and then filed an amended return that corrected the omission. In that case, the Commissioner also measured her knowledge at the time she signed the amended return. We found his determination to be an abuse of discretion because: It is unpersuasive to argue, as does respondent, that petitioner’s voluntary filing of an amended 1996 return and her attendant payment of the delinquent taxes attributable to the omission of income from the original 1996 return militate against equitable relief simply because she had to have known of the omission before she filed the amended return and made the payment. Rosenthal v. Commissioner, T.C. Memo. 2004-89. We acknowledge that in Rosenthal the requesting spouse paid the taxes she owed on the omitted income when she filed her amended return, but we find that this fact does not distinguish David’s case--in both cases the innocent spouses were ignorant of the key facts at the time they signed the original return. A second place we can look to for help is in section 6015(b). That section gives relief when a spouse is reasonablyPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: November 10, 2007