- 11 - 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-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011