Philip Cullen - Page 11

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               Because the entire tax deficiency in this instance arises as           
          a result of Ms. Cullen’s unreported TGY income, petitioner knew             
          or had reason to know of the entire tax deficiency and is,                  
          therefore, ineligible for any relief under section 6015(b)(2).              
          IV. Relief Under Section 6015(c)                                            
               Section 6015(c) limits the liability of a taxpayer, such as            
          petitioner, who is no longer married and who makes the                      
          appropriate election.  In relevant part, section 6015(c)                    
          provides:                                                                   
                    SEC. 6015(c).  Procedures To Limit Liability for                  
               Taxpayers No Longer Married or Taxpayers Legally                       
               Separated or Not Living Together.--                                    
                              *    *    *    *    *    *    *                         
                         (3) Election.--                                              
                              *    *    *    *    *    *    *                         
                              (C) Election not valid with respect to                  
                         certain deficiencies.–If the Secretary                       
                         demonstrates that an individual making an                    
                         election under this subsection had actual                    
                         knowledge, at the time such individual signed                
                         the return, of any item giving rise to a                     
                         deficiency (or portion thereof) which is not                 
                         allocable to such individual under subsection                
                         (d), such election shall not apply to such                   
                         deficiency (or portion).  This subparagraph                  
                         shall not apply where the individual with                    
                         actual knowledge establishes that such                       
                         individual signed the return under duress.                   
               As noted previously, petitioner had actual knowledge of                
          Ms. Cullen’s unreported TGY income when the joint tax return for            
          1999 was signed and filed.  Petitioner also testified on cross-             






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