- 12 - (3) 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 subsection (d), such election shall not apply to such deficiency (or portion) * * * Therefore, section 6015(c) relieves certain joint-filing taxpayers by making them liable only for those items of which they had actual knowledge, rather than being liable for all items reportable on the joint return. In effect, this approach is intended, to the extent permitted, to treat certain spouses as though they had filed a separate return. This is a departure from predecessor section 6013(e) and companion section 6015(b) where the intended goal was to permit relief only if the relief- seeking spouse did not know or had no reason to know of an item. Accordingly, taxpayers who are either no longer married, separated (for 12 months or more), or not living together (petitioner’s circumstance) may elect treatment as though they had separately filed. Section 6015(c)(3)(C), however, does not permit the election of separate treatment for any item where “the Secretary demonstrates that an individual * * * had actual knowledge, [of the item] at the time such individual signed the return”. Petitioner has elected separate treatment under section 6015(c), and, accordingly, respondent bears the burden of showingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011