Fredie Lynn Charlton - Page 14

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          for the portion of the deficiency relating to Medi-Task.                    
          Respondent and Hawthorne contend that he does not.  Hawthorne               
          makes no arguments that substantially differ from respondent’s on           
          this point.  We agree with Charlton.                                        
               To be eligible for relief under section 6015(c), the                   
          individual seeking relief must no longer be married to, or must             

               3(...continued)                                                        
                                   member of the same household as the                
                                   individual with whom such joint                    
                                   return was filed at any time during                
                                   the 12-month period ending on the                  
                                   date such election is filed.                       
                                   (ii)  Certain taxpayers ineligible                 
                              to elect.--If the Secretary demonstrates                
                              that assets were transferred between                    
                              individuals filing a joint return as                    
                              part of a fraudulent scheme by such                     
                              individuals, an election under this                     
                              subsection by either individual shall be                
                              invalid (and section 6013(d)(3) shall                   
                              apply to the joint return).                             
                         (B)  Time for election.--An election under                   
                    this subsection for any taxable year shall be made                
                    not later than 2 years after the date on which the                
                    Secretary has begun collection activities with                    
                    respect to the individual making the election.                    
                         (C)  Election not valid with respect to                      
                    certain deficiencies.--If the Secretary                           
                    demonstrates that an individual making an election                
                    under this subsection had actual knowledge, at the                
                    time such individual signed the return, of any                    
                    item giving rise to a deficiency (or portion                      
                    thereof) which is not allocable to such individual                
                    under subjection (d), such election shall not                     
                    apply to such deficiency (or portion).  This                      
                    subparagraph shall not apply where the individual                 
                    with actual knowledge establishes that such                       
                    individual signed the return under duress.                        




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