Tracy L. Geaccone - Page 9




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        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.                 





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