Legal Opinion

Cheshire v. Commissioner

United States Tax Court

Decided August 30, 2000No. 3483-99Published

P and H filed a joint 1992 Federal income tax return on which a portion of retirement distribution proceeds H received and interest received from a joint bank account were omitted from gross income.

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P and H filed a joint 1992 Federal income tax return on which a portion of retirement distribution proceeds H received and interest received from a joint bank account were omitted from gross income. Although P acknowledges that when she signed the joint return she had actual knowledge of the omitted retirement distribution proceeds, she posits that, relying on H's false statements, she had reason to believe that the omitted retirement distribution proceeds were not taxable and that she should be entitled to relief under sec. 6015(b), (c), and/or (f), I.R.C., with respect thereto. Further, P…

1Opinion of the Court

KATHRYN CHESHIRE, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Cheshire v. Commissioner

No. 3483-99

United States Tax Court

115 T.C. 183; 2000 U.S. Tax Ct. LEXIS 61; 115 T.C. No. 15;

August 30, 2000, Filed

PARR, GALE, and MARVEL, JJ., agree with this dissenting opinion.

P and H filed a joint 1992 Federal income tax return on

which a portion of retirement distribution proceeds H received

and interest received from a joint bank account were omitted

from gross income. Although P acknowledges that when she signed

the joint return she had actual knowledge of the omitted

retirement distribution…

Also in this document: Concurrence.

2Cases cited20 opinions

  1. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  2. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  3. Central Intelligence Agency v. SimsSupreme Court of the United States · 1985
  4. Helvering v. BlissSupreme Court of the United States · 1934
  5. BUTLER v. COMMISSIONER OF INTERNAL REVENUEUnited States Tax Court · 2000

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