- 8 - Petitioner testified that she had intended to file a joint return with Dr. Geaccone in 2001, but that alternative was not feasible, because of the lack of cooperation between them by the time the 2001 income tax return was prepared. We found petitioner to be a credible witness. Nonetheless, her testimony and the record in this case do not satisfy the statutory requirement. Section 1.66- 4(a)(2)(ii), Income Tax Regs., provides: If the requesting spouse is aware of the source of community income or the income-producing activity, but is unaware of the specific amount of the nonrequesting spouse’s community income, the requesting spouse is considered to have knowledge or reason to know of the item of community income. The requesting spouse’s lack of knowledge of the specific amount of community income does not provide a basis for relief under this section. There is no doubt that petitioner knew that Dr. Geaccone was a dentist and that he earned income from his dental practice, even though she might not have known the specific amount. The record shows that petitioner and Dr. Geaccone filed joint returns for tax years 1992 through 2000. Petitioner testified that she knew the balance that was due on those returns. We conclude from petitioner’s testimony that she knew of the item of community income giving rise to the deficiency for the tax year 2001. Even though we find that petitioner does not meet all four requirements set forth in section 66(c),2 she may nevertheless 2Because we find that petitioner has not satisfied the third requirement of sec. 66(c), we need not consider the fourth.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007