Helen E. Foy - Page 5

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               On or about August 2, 2000, petitioner submitted to                    
          respondent Form 8857, Request for Innocent Spouse Relief, in                
          which she requested relief from joint and several liability for             
          1981-1993.5  Petitioner attached a supporting statement to the              
          request in which she summarized the facts and law in support of             
          her request for relief under section 6015(b).  Subsequently, by             
          letter dated July 22, 2002, to Debra Brush, the Appeals officer             
          to whom petitioner’s request for section 6015 relief had been               
          assigned, petitioner’s attorney supplemented the facts and legal            
          analysis in support of her request for relief under section                 
          6015(b), (c), or (f).  In the July 22 letter, petitioner’s                  
          attorney explained in detail the reasons why petitioner was                 
          entitled to an allocation of liability under section 6015(c).               
          Among other statements, petitioner’s attorney represented that              
          Mr. Foy had died on June 28, 1993, that petitioner satisfied all            
          of the requirements for relief under section 6015(c), that there            
          was no fraudulent asset transfer, and that petitioner did not               
          have actual knowledge, at the time she signed the joint returns,            
          of the items giving rise to the deficiencies.  In the letter,               
          petitioner’s attorney also reminded Appeals Officer Brush that              
          the burden of proof is on the Commissioner to show actual                   


               5The years at issue in this case are 1981 through 1986.  The           
          years 1987 through 1993 are not at issue because no deficiencies            
          have been determined or assessed.  In addition, petitioner did              
          not file joint returns for 1994 through 1997.                               




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