E. Carolyn Mellen - Page 34




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                  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 July                              






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