Kathryn Cheshire - Page 38




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               or by transferring assets for the purpose of avoiding the              
               payment of tax by the use of this election.  The                       
               Committee believes that rules restricting the liability                
               of taxpayers to limit their liability in such situations               
               are appropriate.  [Emphasis added.]                                    
          S. Rept. 105-174, at 55-56 (1998).  Thus, the Senate Committee on           
          Finance equated “actual knowledge” with “knowingly signing [a] false        
          return”.                                                                    
               Third, Senator Graham said the following in offering amendments        
          to section 6015(c) (unanimously adopted by the Senate)  on behalf           
          of himself and other Senate Committee on Finance members:                   
               The primary exception [to allocable liability under                    
               section 6015(c)] was that if the Secretary of the                      
               Treasury could demonstrate–-and the burden is on the                   
               Secretary of the Treasury to demonstrate-–that an                      
               individual making this election to be taxed only for                   
               their proportional share of the deficiency of the return,              
               that if they had actual knowledge of the conditions                    
               within that return which led to this deficiency, then                  
               they would be 100 percent responsible.  [Senate Floor                  
               Debate for Amendment No. 2369, 144 Cong. Rec. 56, S4473;               
               emphasis supplied]                                                     
          Senator D’Amato, also a member of the Senate Committee on Finance,          
          said:                                                                       
                    There were concerns, and rightly so, that some                    
               taxpayers may try to abuse the innocent spouse rules by                
               knowingly signing false returns, or transferring assets                
               for the purpose of avoiding the payment of tax, and then               
               claim to be innocent.  Obviously, no one would want to                 
               open the door to that type of fraud.  As such, language                
               was included in the bill that would prevent an individual              
               from electing the innocent spouse provision if they had                
               “actual knowledge of any item giving rise to a                         
               deficiency.”  [Emphasis added.]                                        
          Id.                                                                         
               Fourth, using language identical to that used by the Senate            
          Committee on Finance, the conference report states that a putative          




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