Evelyn M. Martin - Page 12




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          (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 showing           





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