- 36 - any reason to know of the items giving rise to those deficiencies. In order to ascertain the level of the requesting spouse’s knowledge of the items giving rise to the deficiency for purposes of section 6015(f), we must examine whether the requesting spouse knew or had reason to know of the factual basis for the denial of the deductions. Capehart v. Commissioner, T.C. Memo. 2004-268; see also Mora v. Commissioner, 117 T.C. at 291- 292; King v. Commissioner, 116 T.C. 198, 204 (2001). With respect to section 6015(f), our review of the record convinces us that petitioner did not have actual knowledge of the items giving rise to the deficiency. However, we still must decide whether petitioner had reason to know of the items giving rise to the deficiency. In order to resolve the issue, we must examine whether and to what extent petitioner had reason to know of the factual basis for respondent’s adjustment to the Hoyt partnership loss deductions and the IRA deduction claimed by petitioner and her husband during the years at issue. At the time she filed her petition, petitioner resided in Oregon. In the absence of a stipulation to the contrary, the U.S. Court of Appeals for the Ninth Circuit is presumably the proper venue for an appeal in this case. See sec. 7482(b)(2). We believe that the Court of Appeals would require an analysis of the “reason to know” requirement like the one it articulated inPage: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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