- 8 - tax if she knew every fact necessary to determine the legal consequences of the income or if such facts are reasonably within her reach; ignorance of the attendant tax consequences is not a defense. Mitchell v. Commissioner, 292 F.3d 800, 804-804 (D.C. Cir. 2002), affg. T.C. Memo. 2000-332; Price v. Commissioner, 887 F.2d 959, 964 (9th Cir. 1989); McCoy v. Commissioner, 57 T.C. 732, 734-735 (1972). In the instant case, the Court finds that petitioner knew or had reason to know of the understatements of tax at the time the returns for 2002 and 2003 were filed. The Court is satisfied that petitioner was aware that Mr. Garza received renewal income during the years at issue. Petitioner admitted in her testimony that she was aware that Mr. Garza received renewal income in 1999 because she discussed with him the receipt of such income when she received in the mail a Form 1099-MISC, Miscellaneous Income, from AILIC for that year. Additionally, Mr. Garza’s receipt of renewal income, as well as the tax consequences arising therefrom, were the subject of an audit examination conducted by agents of respondent sometime in 2002 for taxable years 1999- 2001. At trial, when asked whether she participated in the audit examination, petitioner testified: “Yes, that’s when I got my education on what was going on.” Moreover, petitioner admitted on her Form 12510, Questionnaire for Requesting Spouse, that she questioned Mr. Garza about the renewal income he received duringPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011