- 10 - income.” Id. The Court appended to that statement a footnote stating: “We leave to another day the manner in which the actual knowledge standard will be applied in erroneous deduction cases.” Id. n.6. Since the taxpayer’s claim for relief in Cheshire was based solely on lack of knowledge of the tax consequences of the unreported income, relief was denied under section 6015(c). This case involves an erroneous deduction. Respondent disallowed the deduction involved in this case because petitioner’s former spouse lacked the necessary profit objective. Even under prior section 6013(e), where the spouse claiming relief was required to prove lack of knowledge of the item, we said that “the taxpayer claiming innocent spouse * * * [relief] must establish that he or she is unaware of the circumstances that give rise to error on the tax return, and not merely be unaware of the tax consequences.” Bokum v. Commissioner, 94 T.C. 126, 145-146 (1990) (emphasis added), affd. 992 F.2d 1132 (11th Cir. 1993). As previously indicated, Congress was attempting to expand relief from joint liability when it enacted section 6015. When a spouse elects relief under section 6015(c), the burden of proving the spouse’s actual knowledge of the item in order to deny relief is on the Commissioner.5 We therefore hold that the proper application of 5See Culver v. Commissioner, 116 T.C. (2001) (the (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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