Michael G. Culver and Christine M. Culver - Page 8




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               Certain taxpayers, however, may be relieved of joint and               
          several liability under section 6015.  Michael claims that he is            
          entitled to relief from joint and several liability under the               
          traditional rule of section 6015(b) and also under the separate             
          liability election of section 6015(c).  Michael makes no claim              
          for equitable relief under section 6015(f).                                 
               With regard to Michael’s claim for separate liability                  
          election relief under section 6015(c), respondent claims only               
          that Michael fails to meet the lack of actual knowledge                     
          requirement.                                                                
               Section 6015(c)(3)(C) provides as follows:                             

                    (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).  This                       
               subparagraph shall not apply where the individual with                 
               actual knowledge establishes that such individual                      
               signed the return under duress.  [Emphasis added.]                     

               In Cheshire v. Commissioner, 115 T.C. 183, 195 (2000), we              
          addressed the meaning of the term “actual knowledge” under the              
          separate liability election provision of section 6015(c) as                 
          follows:                                                                    










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