Lori Ann Champagne, Petitioner, and Darrin W. Champagne, Intervenor - Page 8

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               Except as otherwise provided in section 6015, the requesting           
          spouse bears the burden of proof.  Rule 142(a); Alt v.                      
          Commissioner, 119 T.C. 306, 311 (2002), affd. 101 Fed. Appx. 34             
          (6th Cir. 2004).                                                            
               Upon the satisfaction of certain conditions, section 6015(c)           
          relieves the requesting spouse of liability for the items making            
          up the deficiency that would have been allocated solely to the              
          nonrequesting spouse if the spouses had filed separate tax                  
          returns for the taxable year.  Sec. 6015(d)(1), (3)(A); Cheshire            
          v. Commissioner, 282 F.3d 326, 332 (5th Cir. 2002), affg. 115               
          T.C. 183 (2000); Mora v. Commissioner, 117 T.C. 279, 290 (2001).            
          Section 6015(c) applies only to taxpayers who are no longer                 
          married, are legally separated, or have been living apart for               
          over a 12-month period.  Sec. 6015(c)(3)(A)(i).                             
               Petitioner and intervenor were divorced on March 1, 2002.              
          Petitioner received a statutory notice of deficiency on November            
          25, 2002, and she subsequently filed a Form 8857.2  Therefore,              
          petitioner was eligible to elect the application of section                 
          6015(c).                                                                    



               2Under sec. 6015(c)(3)(B), an election for relief from joint           
          and several liability under sec. 6015(c) is to be made at any               
          time after a deficiency is asserted but not later than 2 years              
          after the date on which the Commissioner has begun collection               
          activities.  Respondent has not raised any issue as to the                  
          timeliness of petitioner’s election under sec. 6015(c).                     





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