- 6 - offered therein. Alt v. Commissioner, 119 T.C. 306, 313 (2002), affd. 101 Fed. Appx. 34 (6th Cir. 2004). Petitioner does not meet all the requirements of section 6015(b)(1) for 1999 or 2001. The 1999 return does not include the $2,829 of nonemployee compensation that petitioner received from her newspaper route that year. To the extent that the understatement of tax for 1999 is attributable to petitioner’s own unreported income, it is not attributable solely to Mr. Gonce as required for relief under section 6015(b)(1). Respondent concedes that the understatement of tax due for 2001 is attributable exclusively to Mr. Gonce. However, section 6015(b)(1)(C) is not satisfied for either 1999 or 2001. Petitioner has not shown that she did not know and had no reason to know of the understatement of tax in those years. See Cheshire v. Commissioner, 115 T.C. 183, 192-193 (2000) (holding that a requesting spouse does not meet the requirement of section 6015(b)(1)(C) if she has actual knowledge of the underlying transaction that produced the omitted income), affd. 282 F.3d 326 (5th Cir. 2002). Petitioner had actual knowledge of the payments she and Mr. Gonce received as compensation for maintaining their individual newspaper routes during the years in issue. Petitioner had the opportunity to review the tax returns for those years to ensure that all of petitioner’s and Mr. Gonce’s income was reported accurately before she signed those returns,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: March 27, 2008