Kathryn Cheshire - Page 21




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          section 6015(c)(3)(C).  Although the word “item” is not defined in          
          section 6015(c)(3)(C), we believe that in omitted income situations         
          “item” refers to the item of income that should have been reported          
          on the return .  An example contained in the report issued by the           
          Joint Committee on Taxation, accompanying RRA 1998, supports this           
          interpretation:                                                             
                    The rule that the election will not apply to the                  
               extent any deficiency is attributable to an item the                   
               electing spouse had actual knowledge of is expected to be              
               applied by treating the item as fully allocable to both                
               spouses.   For example, a divorced couple filed a joint                
               return during their marriage with wage income of $150,000              
               allocable to the wife and $30,000 of self-employment                   
               income allocable to the husband.  On examination, an                   
               additional $20,000 of the husband’s self-employment                    
               income is discovered, resulting in a deficiency of                     
               $9,000.  The IRS proves that the wife had actual                       
               knowledge of $5,000 of this additional self-employment                 
               income, but had no knowledge of the remaining $15,000.                 
               In this case, the husband would be liable for the full                 
               amount of the deficiency, since the item giving rise to                
               the deficiency is fully allocable to him.  In addition,                
               the wife would be liable for the amount that would have                
               been calculated as the deficiency based on the $5,000 of               
               unreported income of which she had actual knowledge.                   
               Even if the wife elects to limit the liability for the                 
               deficiency under this provision, the IRS would be allowed              
               to collect that amount from either spouse, while the                   
               remainder of the deficiency could be collected only from               
               the husband. [Emphasis supplied.]                                      
          Staff of Joint Comm. on Taxation, General Explanation of Tax                
          Legislation Enacted in 1998, at 70 (J. Comm. Print 1998).                   
               The meaning we give to an “item” that gives rise to a                  
          deficiency, for purposes of the knowledge requirement found in              
          section 6015(c)(3)(C), is consistent with that of other sections of         
          the Code where the word “item” is used.  See, e.g., CIA v. Sims,            





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