- 7 - Therefore, the Court has no basis for limiting petitioner’s liability to “50 percent” as she requests. This is especially true in the light of the fact that petitioner does not qualify for innocent spouse relief in her own right since she admits to receiving and failing to report the items of income. Petitioner does not qualify for relief under section 6015(b) because she cannot establish that she did not know or had no reason to know that there was an understatement of tax when she signed the return. See sec. 6015(b)(1) and (2). Because the items giving rise to the deficiency were directly allocable to petitioner, section 6015(c) does not provide any avenue for relief. See also sec. 1.6015-3(d)(2)(iii), Income Tax Regs. (stating that erroneous items of income are allocated to the spouse who was the source of the income). Finally, it is not inequitable to hold petitioner liable for the deficiency since she fails one of the threshold conditions for relief; i.e., “The income tax liability from which the requesting spouse seeks relief is attributable to an item of the * * * [other spouse]”. Rev. Proc. 2003-61, sec. 4.01(7), 2003-2 C.B. 296, 297; see also id. sec. 4.03(2)(a)(iii)(B), 2003-2 C.B. at 298 (stating that actual knowledge of the item giving rise to the deficiency weighsPage: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: March 27, 2008