- 9 - convinced that petitioner did not understand the business and have a sense of the profit therefrom. The IRA distribution was reflected on the 1999 Form 1040, which the Court has found to be a joint return. Petitioner was certainly aware of Mr. Kunsman’s age in 1999. Thus, petitioner shared with Mr. Kunsman the legal responsibility to ensure the proper reporting of the additional tax on an early distribution pursuant to section 72(t). “A taxpayer is presumed to have knowledge of the tax consequences of a transaction”. Cheshire v. Commissioner, 115 T.C. 183, 197 (2000), affd. 282 F.3d 326 (5th Cir. 2002). Ignorance of the law is no defense. Id. at 196. In fact, petitioner acknowledged that both she and her former spouse were aware that a 10-percent additional tax was imposed on early withdrawals. Based on the entire record, the Court finds that petitioner had actual knowledge of the income from the 1999 IRA distribution(s). She also had actual knowledge that an additional tax is imposed by section 72(t). Accordingly, she has failed to establish that “she did not know, and had no reason to know, that there was [an] understatement”. Sec. 6015(b)(1)(C).Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: November 10, 2007