Helen E. Foy - Page 19

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          of any item giving rise to the deficiency without further factual           
          development.                                                                
               We reject respondent’s justification for his administrative            
          and litigation position for several reasons.  First, although               
          respondent argues that petitioner did not present all relevant              
          information under her control on or before the date the notice of           
          determination was issued, the record for purposes of this motion            
          establishes otherwise.  In a protest letter dated September 26,             
          2001, appealing the Service’s denial of any relief under section            
          6015, petitioner stated that she had no actual knowledge of the             
          items giving rise to the liabilities in question12 and provided             
          respondent a detailed statement of the facts supporting her                 
          argument that she was entitled to relief under section 6015(c),             
          which included a citation to our opinion in King v. Commissioner,           
          supra at 204.  Petitioner also offered to provide any additional            
          information that the Service might require.  In a subsequent                
          letter dated July 22, 2002, to Appeals Officer Brush, petitioner            
          provided an even more detailed explanation of why she believed              
          she qualified for relief under section 6015(c).  She reiterated             
          her position that she had no actual knowledge at the time she               
          signed the relevant returns of the items giving rise to the                 

               12A party’s statement, if credible, is evidence on which the           
          finder of fact may rely to establish a relevant fact.  In this              
          case, there is nothing in the record to suggest that petitioner’s           
          statement regarding her lack of actual knowledge was not                    
          credible.                                                                   




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