- 31 - offered therein. Alt v. Commissioner, 119 T.C. 306, 313 (2002), affd. 101 Fed. Appx. 34 (6th Cir. 2004). Respondent argues that Mrs. Kosinski has failed to meet the requirements of subparagraphs (C) and (D) of section 6015(b)(1). Petitioners argue that Mrs. Kosinski meets the requirements of section 6015(b)(1)(C) because she had no actual knowledge of improper deductions taken on petitioners’ tax return and because she did not benefit from the improper deductions “because of the volume of income on the tax return.” Petitioners urge the Court to consider “how a reasonable person would react to a 1997 tax return where $1,392,874.00 of taxable income is reported and $521,305.00 of tax is paid, knowing that her spouse had withdrawn large amounts of cash from the bank.” We understand petitioners’ argument to be that Mrs. Kosinski was not capable of understanding that excessive costs of good sold and deductions were improperly claimed on their tax return for 1997 because there was too much money involved overall for her to notice the discrepancy. Given Mrs. Kosinski’s education and employment history, as well as her substantial and active role in the cash structuring transactions, we are not persuaded by this argument. Petitioners also argue that Mrs. Kosinski was unaware of any necessary increase in petitioners’ income due to the $21,252 of expenses related to improvements to petitioners’ home that was paid out of T.J. Construction’s account and deducted as businessPage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 NextLast modified: November 10, 2007