Patricia M. Mora, F.K.A. Patricia Rasberry - Page 23




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               for-profit activity but whether she knew or believed                   
               that her former spouse was not engaged in the activity                 
               for the primary purpose of making a profit.  Thus, in                  
               determining whether petitioner had actual knowledge of                 
               an improperly deducted item on the return, more is                     
               required than petitioner’s knowledge that the deduction                
               appears on the return or that her former spouse                        
               operated an activity at a loss.  Whether petitioner had                
               the requisite knowledge is an essential fact respondent                
               was required to establish under section 6015(c)(3)(C).                 
               Respondent failed in this regard. * * *  [Id. at 205;                  
               emphasis added.]                                                       
               Applying the factual standard of King to the case at hand,             
          the losses from the Shorthorn partnership would be allocated to             
          petitioner only if she knew the factual basis for the denial of             
          the deductions.  According to respondent:                                   
               the factual basis for the disallowed deduction in the                  
               Hoyt tax shelter cases generally centers on the lack of                
               animals to sustain the deductions taken and an                         
               overvaluation of the animals that were available. * * *                
               Respondent concedes that neither he nor Mr. Rasberry                   
               has established that petitioner had actual knowledge of                
               the factual circumstances giving rise to the                           
               disallowance of the partnership losses. * * *                          
               Respondent argues that the principle of King v.                        
          Commissioner, supra, should not be extended to limited                      
          partnership investments because both spouses would often be                 
          eligible for section 6015(c) relief, since neither would have               
          actual knowledge of the factual basis for the disallowance of the           
          partnership losses.  That is not how section 6015(c) works.  Only           
          items that are not attributable to the requesting spouse under              
          section 6015(d) are subject to the “actual knowledge” exception             
          in section 6015(c)(3)(C).  Since the erroneous deductions here              






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