Tony D. Ishizaki - Page 26




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               Furthermore, based on these circumstances, we in any event             
          would be hard pressed to conclude that it would be inequitable to           
          hold petitioner liable for the deficiency, as is required under             
          section 6015(b)(1)(D).  All indications are that the Ishizakis              
          shared equally in the lifestyle funded by the cash transactions.            
          The facts at bar simply do not present the type of disadvantage             
          and unfairness contemplated by the section 6015(b) criteria.  We            
          hold that petitioner is not entitled to relief under subsection             
          (b).                                                                        
          IV.  Section 6015(c)                                                        
               Although it would not appear that petitioner has ever                  
          specifically advanced an argument under section 6015(c),                    
          respondent on brief has addressed this issue.  We thus say a few            
          words on the topic in order to more fully address the points                
          raised by the litigants.  As a threshold consideration, a                   
          requesting spouse is entitled to seek relief under subsection (c)           
          only if at the time of the request the spouses are divorced,                
          legally separated, or have been living apart for the preceding 12           
          months.  Here, because the record before us fails to establish              
          that petitioner meets even these preliminary criteria, we can               
          afford him no relief under section 6015(c).                                 
               Petitioner’s request for relief in this case was made                  
          through the vehicle of his petition filed on June 22, 1999.  As             
          regards divorce, legal separation, or separate habitation in                






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