Donald J. Barnes and Beverly A. Edwards, f.k.a. Beverly A. Barnes - Page 41

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          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 shown                






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