- 41 - all the facts and circumstances, to hold petitioner liable for the deficiencies and additions to tax in this case. B. Section 6015(c) Section 6015(c) allows a taxpayer to elect that her liability for any deficiency with respect to the joint return be limited to the portion of such deficiency which is “properly allocable” to her under section 6015(d). A taxpayer is not entitled to relief under section 6015(c) with respect to any portion of any deficiency if the Commissioner shows that the taxpayer “had actual knowledge, at the time such individual signed the return, of any item giving rise” to that portion of the deficiency. Sec. 6015(c)(3)(C). In the context of a disallowed deduction, actual knowledge is present if the taxpayer had actual knowledge of the factual circumstances which made the item unallowable as a deduction; knowledge of the tax consequences resulting from the factual circumstances is not required. King v. Commissioner, 116 T.C. 198, 204 (2001). Respondent bears the burden of proving that the taxpayer requesting section 6015(c) relief had the relevant actual knowledge. Sec. 6015(c)(3)(C); King v. Commissioner, supra. In this case, respondent denied petitioner relief pursuant to section 6015(c) solely on the grounds that petitioner had actual knowledge within the meaning of section 6015(c)(3)(C). Respondent, however, conceded on brief that he has not shownPage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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