Helen E. Foy - Page 17

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          computing his or her proportionate share of the deficiency.10               
          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                 
          spouse.11  Sec. 6015(c)(3)(C).  In cases involving erroneous                
          deductions, an individual is deemed to have actual knowledge of             
          an item giving rise to a deficiency if she has actual knowledge             
          of the factual basis for the denial of the deductions.  King v.             
          Commissioner, 116 T.C. 198, 204 (2001).  Although the requesting            
          spouse bears the burden of proving the portion of the deficiency            
          that is properly allocable to her, see sec. 6015(c)(2),                     
          respondent bears the burden of proving that the requesting spouse           
          had actual knowledge of any items giving rise to the deficiency,            
          sec. 6015(c)(3)(C).                                                         





               10In 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).                                                   
               11An election under sec. 6015(c) is also invalid if the                
          Secretary demonstrates that assets were transferred between the             
          individuals filing the joint return as part of a fraudulent                 
          scheme.  Sec. 6015(c)(3)(A)(ii).                                            




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