Jack D. Eller - Page 8




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          individual’s liability for a deficiency to the portion of the               
          deficiency properly allocable to that individual under section              
          6015(d).  In general, an item that gives rise to a deficiency on            
          a joint Federal income tax return will be allocated to the                  
          individuals who file the return in the same manner as that item             
          would have been allocated had those individuals filed separate              
          returns.  Sec. 6015(d)(3)(A).  In this case, the deficiency for             
          each year in issue is entirely attributable to petitioner’s                 
          former spouse.                                                              
               Petitioner’s section 6015(c) election has been made in this            
          proceeding.  Respondent agrees that petitioner is eligible to               
          make the election and further agrees that the election is timely.           
          See sec. 6015(c)(3)(A) and (B).  Respondent argues, however, that           
          petitioner’s section 6015(c) election is not valid with respect             
          to any of the deficiencies here in dispute because at the time              
          petitioner signed the return for each year, he had “actual                  
          knowledge” of the “item giving rise to” the deficiency not                  
          allocable to him under section 6015(d).  Sec. 6015(c)(3)(C).                
          Respondent bears the burden of proof on the point.  Sec.                    
          6015(c)(2).                                                                 
               Petitioner testified that at the time he signed each return,           
          he was unaware of his former spouse’s participation in the                  
          parking lot scheme, and he was further unaware of any of the                
          illegal income she received as a result.  Petitioner’s former               







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