Susan L. Abelein - Page 36

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          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 in             







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