Dorene Bulger - Page 17

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          Secretary11 has begun collection activities with respect to the             
          electing spouse.  Sec. 6015(c)(3)(B).                                       
               In general, section 6015(d) provides that any item giving              
          rise to a deficiency on a joint return shall be allocated to the            
          spouses as though they had filed separate returns, and the                  
          requesting spouse shall be liable only for her proportionate                
          share of the deficiency that results from such allocation.  Sec.            
          6015(d)(1), (3)(A).  To the extent that the item giving rise to             
          the deficiency provided a tax benefit on the joint return to the            
          other spouse, the item shall be allocated to the other spouse in            
          computing his or her proportionate share of the deficiency.12               
          Sec. 6015(d)(3)(B); Hopkins v. Commissioner, 121 T.C. 73, 83-86             
          (2003).                                                                     
               An election under section 6015(c) is invalid, however, if              
          the Secretary demonstrates that the requesting spouse had actual            
          knowledge, when signing the return, of any item giving rise to a            
          deficiency that is otherwise allocable to the nonrequesting                 


               11The term “Secretary” means “the Secretary of the Treasury            
          or his delegate”, sec. 7701(a)(11)(B), and the term “or his                 
          delegate” means “any officer, employee, or agency of the Treasury           
          Department duly authorized by the Secretary of the Treasury                 
          directly, or indirectly by one or more redelegations of                     
          authority, to perform the function mentioned or described in the            
          context”, sec. 7701(a)(12)(A).                                              
               12In addition, the requesting spouse’s proportionate share             
          of the deficiency shall be increased by the value of any                    
          disqualified asset transferred to her by the nonrequesting                  
          spouse.  Sec. 6015(c)(4).                                                   





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Last modified: May 25, 2011