Patricia M. Mora, F.K.A. Patricia Rasberry - Page 24




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          (the Shorthorn partnership losses) are attributable to                      
          intervenor’s activities and his partnership interest, he cannot             
          avoid his liability for the deficiency by filing a request for              
          relief under section 6015(c), even if he lacked knowledge of the            
          facts giving rise to the deduction.                                         
               It is appropriate to apply the King standard to limited                
          partnership investments made by the nonrequesting spouse in                 
          allocating liabilities based on the “separate return” standard in           
          section 6015(c).  The “actual knowledge” test in section                    
          6015(c)(3)(C) is an exception to the general rule under which               
          items resulting in the deficiency are allocated as if the spouses           
          had filed separate returns.  The statute makes no distinction               
          between active and passive investments, and we see no legal basis           
          and no policy reason for creating a judicial distinction.                   
          Therefore, the Shorthorn partnership losses, which are                      
          attributable solely to intervenor’s activities and partnership              
          interest, should not also be attributed to petitioner under                 
          section 6015(c)(3)(C) merely because both petitioner and                    
          intervenor, rather than just petitioner, lacked actual knowledge            
          of the facts giving rise to the disallowance of the losses.                 
               B.   The Tax Benefit Exception                                         
               Section 6015(d)(3)(B) contains an exception to the general             
          rule that items are to be attributed to the spouses in the same             
          manner as they would have been had the spouses filed separate               






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