Barbara A. Owen - Page 6

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                         erroneous items are attributable to your                     
                         spouse.                                                      
          Respondent advised petitioner of her right to administratively              
          appeal the decision but did not offer petitioner an Appeals                 
          conference.                                                                 
               On or about September 14, 2001, petitioner administratively            
          appealed respondent’s denial of relief from joint and several               
          liability.  Petitioner filed Form 12509, Statement of                       
          Disagreement, in which she summarized the facts and law in                  
          support of her request for relief.  Petitioner maintained that              
          all of the partnership items on the returns were items properly             
          allocable to her spouse for purposes of section 6015(c) and                 
          reiterated the reasons why she did not have actual knowledge of             
          any items giving rise to the deficiency.  In addition, petitioner           
          stated that the burden of proof is on the Commissioner to show              
          actual knowledge, and she included a citation to King v.                    
          Commissioner, 116 T.C. 198 (2001), which articulates a standard             
          for evaluating actual knowledge in erroneous deduction cases.               
          Petitioner’s statement further provided, in relevant part, as               
          follows:                                                                    
               The fact that the electing spouse signed the                           
               partnership agreements, signed checks made payable to                  
               Hoyt, signed correspondence to Hoyt, or acquiesced to a                
               joint investment with their spouse does not prove that                 
               the electing spouse had actual knowledge that the                      
               claimed items were not allowable.  Moreover, the recent                
               conviction and sentencing of Jay Hoyt shows                            
               affirmatively that the Barbaras [sic] had NO knowledge                 
               of the factual circumstances that made the deductions                  





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