- 7 - Petitioner and Ms. Valentine were divorced on July 27, 2000, and petitioner’s election for innocent spouse relief was made shortly after his receipt of the statutory notice of deficiency. Therefore, petitioner is eligible to elect the application of section 6015(c). Relief under section 6015(c), however, is not available if respondent demonstrates that the requesting spouse had actual knowledge, at the time the return was signed, of any item giving rise to a deficiency (or portion thereof) that is not allocable to such individual. Sec. 6015(c)(3)(C); Hopkins v. Commissioner, 121 T.C. 73, 86 (2003); Cheshire v. Commissioner, supra at 193- 194. The knowledge requirement under section 6015(c)(3)(C) does not require the requesting spouse to possess actual knowledge of the tax consequences arising from the item giving rise to the deficiency. Hopkins v. Commissioner, supra; Cheshire v. Commissioner, supra at 194; sec. 1.6015-3(c)(2), Income Tax Regs. Rather, the statute mandates only a showing that the requesting spouse actually knew of the item on the return that gave rise to the deficiency (or portion thereof), without regard as to whether he knew of the tax consequences. Mitchell v. Commissioner, supra at 805; Cheshire v. Commissioner, supra. The item giving rise to the deficiency is the distribution. At the time when the distribution was made, petitioner signed a spousal consent, which evidenced that he knew and consented toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011