- 6 - 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.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011