- 34 - With respect to the knowledge or reason to know positive factor set forth in section 4.03(1)(d) of Revenue Procedure 2000- 15, petitioner does not dispute that that positive factor is not present in the instant case. Instead, she argues that that factor is “legally irrelevant” to determining whether she is entitled to equitable relief under section 6015(f). We disagree. We find that whether a spouse requesting relief under section 6015(f) knew or had reason to know of the item giving rise to a deficiency is a relevant factor in determining whether such spouse is entitled to such relief. With respect to the legal obligation positive factor set forth in section 4.03(1)(e) of Revenue Procedure 2000-15, on the record before us, we find this factor to be a neutral factor in the instant case. That is because at all relevant times peti- tioner and Mr. Mellen were married. With respect to the attribution positive factor set forth in section 4.03(1)(f) of Revenue Procedure 2000-15, petitioner contends that that positive factor is present in this case because “It was Craig Mellen’s activities (i.e. the fire and the subsequent explosion) that generated a casualty loss.” We agree with petitioner. The claimed casualty loss deduction of $30,930 in the 1995 joint return is the item that gave rise to the deficiency for 1995 (and the resulting unpaid liability for 1995), and that claimed deduction was attributable to the JulyPage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
Last modified: May 25, 2011