- 8 - Section 6015(b)(1)(C) requires that in signing the return the individual seeking relief did not know and had no reason to know of the understatement. Relief under section 6015(b) is not provided to a spouse who turned a blind eye to facts that were available. Charlton v. Commissioner, 114 T.C. 333, 340 (2000). Petitioner claims that there was no entry made on line 15a, Total IRA Distributions, of the 1999 Form 1040 she signed. Petitioner asserts that the 1999 tax return her former spouse presented to her reflected a greater Schedule C business profit than the amount as actually filed with the IRS. Petitioner alleges that her former spouse inflated the financial performance of her business so that he would not have to work and that he surreptitiously withdrew funds from his IRA to support the deception. Petitioner suggests that her former spouse so controlled the financial details of her business that she was unaware of whether or not the business was profitable and whether the income therefrom could support the family.5 Petitioner also suggests that she was unaware that Mr. Kunsman withdrew more than $80,000 between 1999 and 2000 in order to provide for financial obligations of the family and of her business. The Court is not 5 The 1999 Schedule C, Profit or Loss From Business, reported gross receipts of $281,326.94 and net profit of $4,450.11. Petitioner testified that she knew the gross receipts were about $300,000 but that her former spouse led her to believe the profits from the business were between $20,000 and $30,000.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: November 10, 2007