- 38 - requesting spouse’s right to allocate liability under section 6015(c), requires the Commissioner to prove that the requesting spouse had actual knowledge of the factual basis for the denial of the deductions. Id. at 204; see also Mora v. Commissioner, 117 T.C. 279 (2001) (requirement that a requesting spouse have actual knowledge of an item giving rise to the deficiency requires proof of more than a taxpayer’s knowledge that an item appears on the return). Like section 6015(c)(3)(C), Rev. Proc. 2000-15, supra, requires, for purposes of section 6015(f), that the requesting spouse’s knowledge of the items giving rise to the deficiency be examined. 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. See King v. Commissioner, supra at 204; Mora v. Commissioner, supra at 291-292. In this case, respondent conceded, for purposes of section 6015(c), that he could not prove that petitioner had actual knowledge of the items giving rise to the deficiency. 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 thePage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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