Barbara A. Owen - Page 19

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          Commissioner, 116 T.C. at 204.  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).                                                              
               2.   Reasonableness of Respondent’s Position                           
               Respondent contends that the position taken in the notice of           
          determination was substantially justified because the information           
          available to the Appeals officer at the time led him to believe             
          that “petitioner had actual knowledge of the items giving rise to           
          the deficiencies”.  In arguing that the Appeals Office’s position           
          was reasonable, respondent explains that because the Appeals                
          officer determined that petitioner had actual knowledge, he did             
          not have to consider whether disqualified assets had been                   
          transferred to petitioner, whether assets had been transferred              
          between petitioner and Mr. Owen as part of a fraudulent scheme,             
          or how the deficiencies in issue could be allocated under section           
          6015(d).                                                                    
               Respondent further contends that the position in the answer            
          was substantially justified because (1) the information available           
          to him at the time showed that petitioner had knowledge of and              
          had been involved with the Hoyt organization, and (2) without               
          further factual development, it was impossible to determine                 






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