Tony D. Ishizaki - Page 13




                                       - 13 -                                         
                    of this subsection, the individual’s liability for                
                    any deficiency which is assessed with respect to                  
                    the return shall not exceed the portion of such                   
                    deficiency properly allocable to the individual                   
                    under subsection (d).                                             
                         (2) Burden of proof.--Except as provided in                  
                    subparagraph (A)(ii) or (C) of paragraph (3), each                
                    individual who elects the application of this                     
                    subsection shall have the burden of proof with                    
                    respect to establishing the portion of any                        
                    deficiency allocable to such individual.                          
                         (3) Election.--                                              
                              (A) Individuals eligible to make                        
                         election.--                                                  
                                   (i) In general.--An individual                     
                              shall only be eligible to elect the                     
                              application of this subsection if--                     
                                        (I) at the time such election                 
                                   is filed, such individual is no                    
                                   longer married to, or is legally                   
                                   separated from, the individual with                
                                   whom such individual filed the                     
                                   joint return to which the election                 
                                   relates; or                                        
                                        (II) such individual was not a                
                                   member of the same household as the                
                                   individual with whom such joint                    
                                   return was filed at any time during                
                                   the 12-month period ending on the                  
                                   date such election is filed.                       
                         *    *    *    *    *    *    *                              
                              (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                   





Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next

Last modified: May 25, 2011