Letantia Bussell - Page 40

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          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).                                                                




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