- 7 - individual’s liability for a deficiency to the portion of the deficiency properly allocable to that individual under section 6015(d). In general, an item that gives rise to a deficiency on a joint Federal income tax return will be allocated to the individuals who file the return in the same manner as that item would have been allocated had those individuals filed separate returns. Sec. 6015(d)(3)(A). In this case, the deficiency for each year in issue is entirely attributable to petitioner’s former spouse. Petitioner’s section 6015(c) election has been made in this proceeding. Respondent agrees that petitioner is eligible to make the election and further agrees that the election is timely. See sec. 6015(c)(3)(A) and (B). Respondent argues, however, that petitioner’s section 6015(c) election is not valid with respect to any of the deficiencies here in dispute because at the time petitioner signed the return for each year, he had “actual knowledge” of the “item giving rise to” the deficiency not allocable to him under section 6015(d). Sec. 6015(c)(3)(C). Respondent bears the burden of proof on the point. Sec. 6015(c)(2). Petitioner testified that at the time he signed each return, he was unaware of his former spouse’s participation in the parking lot scheme, and he was further unaware of any of the illegal income she received as a result. Petitioner’s formerPage: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: March 27, 2008