Laura L. Brooks - Page 5

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          actual knowledge of the item giving rise to the omitted income.             
          E.g., Jonson v. Commissioner, 118 T.C. 106, 115 (2002); Cheshire            
          v. Commissioner, 115 T.C. 183 (2000), affd. 282 F.3d 326 (5th               
          Cir. 2002); see also Charlton v. Commissioner, 114 T.C. 333                 
          (2000); sec. 1.6015-3(c), (d)(3), Income Tax Regs.  Petitioner,             
          who prepared and filed the joint return, omitted Mr. Tice’s                 
          income relating to TDI.  She knew Mr. Tice’s compensation rate              
          during the period he worked for TDI.  Thus, petitioner had actual           
          knowledge of 50 percent of the item of income giving rise to the            
          deficiency.  See sec. 1.6015-3(c)(4), Example (4)(ii), Income Tax           
          Regs.  Accordingly, pursuant to section 6015(b) and (c),                    
          petitioner is not relieved of liability for the tax deficiency              
          attributable to 50 percent of the omitted income.                           
               Pursuant to section 6015(f), respondent is granted                     
          discretion to award relief from joint and several liability where           
          such relief is otherwise unavailable pursuant to section 6015(b)            
          or (c) if the facts and circumstances indicate that it would be             
          inequitable to hold the spouse seeking relief liable for the                
          deficiency.  We conclude that it would not be inequitable to hold           
          petitioner liable for the remaining portion of the deficiency               
          (i.e., the portion attributable to 50 percent of the omitted                
          income).  She knew of 50 percent of the omitted income and failed           
          to establish economic hardship or that Mr. Tice had the legal               
          obligation to pay the additional tax liability.  See Rev. Proc.             






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