- 40 - relief. Contrary to petitioner’s argument, we find both that the understatement as to the 1996 return is attributable to her and that she knew of this understatement when she filed that 1996 return. We conclude that petitioner cannot carry her burden as to subparagraphs (B) and (C) and that she does not qualify for full/apportioned relief.8 B. Proportionate Relief Section 6015(c) provides proportionate relief from joint liability on a joint return. Petitioner bears the burden of proving the portion of any deficiency which is allocable to her. Sec. 6015(c)(2). Where petitioner had actual knowledge of the omitted income underlying the deficiency, she is not entitled to proportionate relief. See Cheshire v. Commissioner, 115 T.C. 183 (2000), affd. 282 F.3d 326 (5th Cir. 2002). Because we find that petitioner had direct and actual knowledge of the omitted income, we conclude that she is not entitled to proportionate relief. C. Equitable Relief Section 6015(f) gives the Commissioner discretion to grant equitable relief to any individual who files a joint return and who is not entitled to either full/apportioned relief or proportionate relief. Because we have held that petitioner is not entitled to either full/apportioned relief or proportionate 8 This conclusion makes it unnecessary for us to address subpar. (D).Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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