- 8 - activity began. Sec. 6015(c)(3). Furthermore, relief under section 6015(c) is not available to a taxpayer if it is shown that the taxpayer had actual knowledge when signing the return of any “item” giving rise to a deficiency. Sec. 6015(c)(3)(C). As previously discussed, petitioner is divorced from intervenor, and the divorce was finalized before she requested relief from joint and several liability. Also, she filed a timely Form 8857 to request relief. Therefore, the remaining requirement petitioner is required to meet to be eligible for relief under section 6015(c) is to prove she had no actual knowledge of the income item leading to the underpayment. The Court has held that petitioner not only had reason to know of the understatement, but also she had actual knowledge of at least part of the “item”, intervenor’s early IRA withdrawals, giving rise to the understatement. Because petitioner had actual knowledge of intervenor’s IRA withdrawals, she is precluded from claiming relief under section 6015(c). Because petitioner is not eligible for relief under section 6015(b) and (c), she falls under the equitable relief provision of section 6015(f). Section 6015(f) provides, in part, that a taxpayer may be relieved from joint and several liability if it is determined that, taking into account all the facts and circumstances, it is inequitable to hold the taxpayer liable for the unpaid tax, and relief is not available under section 6015(b)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011