Patricia M. Mora, F.K.A. Patricia Rasberry - Page 21




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          therefore entitled to relief under section 6015(c) from joint and           
          several liability for the deficiency, except to the extent that             
          one or more of the exceptions apply.                                        
               Section 6015(c) contains three exceptions under which items            
          initially attributed to the nonrequesting spouse must also be               
          attributed to the requesting spouse.  These are the “actual                 
          knowledge” exception in section 6015(c)(3)(C), the “benefit”                
          exception in section 6015(d)(3)(B), and the “fraud” exception in            
          section 6015(d)(3)(C).  There are no facts to suggest that the              
          “fraud” exception applies here.                                             
               A.   The Actual Knowledge Exception                                    
               The first exception to the separate return rule is for items           
          initially allocable solely to the nonrequesting spouse of which             
          the requesting spouse has actual knowledge.  Sec. 6015(c)(3)(C).            
          If petitioner had “actual knowledge * * * of any item giving rise           
          to a deficiency (or portion thereof)” at the time she signed the            
          return, that item must be allocated to her.  See sec.                       
          6015(c)(3)(C).                                                              
               Respondent claims that no relief is available to petitioner            
          under section 6015(c) because petitioner had “actual knowledge              
          * * * of the items giving rise to the deficiency.”  Respondent              



               8(...continued)                                                        
          for the purpose of determining whether any item giving rise to              
          the deficiency should be attributed to her under the separate               
          return standard.                                                            





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