Linda J. Bowen - Page 7

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          legally separated or living apart from, the individual with whom            
          the requesting spouse filed the joint return (the nonrequesting             
          spouse), section 6015(c)(3)(A)(i)(I).  Petitioner satisfies those           
          requirements.  Relief is available to the requesting spouse only            
          for that portion of the deficiency properly allocable to the                
          nonrequesting spouse.  Sec. 6015(c)(1), (d).  Respondent concedes           
          that the deficiency is entirely allocable to Jorgensen.                     
               A requesting spouse meeting the above requirements may still           
          be denied relief under section 6015(c) if the Commissioner can              
          demonstrate1 that, at the time the requesting spouse signed the             
          joint return, she had actual knowledge of any item giving rise to           
          a deficiency (or portion thereof) that is not allocable to her.             
          Sec. 6015(c)(3)(C).  “Actual knowledge” for purposes of section             
          6015(c)(3)(C) is the actual and clear awareness of the item, as             
          distinguished from mere reason to know of the item.  Cheshire v.            
          Commissioner, 282 F.3d 326, 337 n.26 (5th Cir. 2002), affg. 115             
          T.C. 183, 195 (2000); sec. 1.6015-3(c)(2)(iii), Income Tax Regs.2           
          The mere fact that information is available to a taxpayer                   
          concerning the source of income is insufficient to show actual              
          knowledge of the item of omitted income.  Charlton v.                       

               1Respondent has both the burden of producing evidence and              
          the risk of nonpersuasion on the issue of actual knowledge.  Sec.           
          1.6015-3(c)(2)(ii), Income Tax Regs.                                        
               2The regulation is applicable for elections or requests for            
          relief filed on or after July 18, 2002.  Sec. 1.6015-9, Income              
          Tax Regs.                                                                   





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