- 10 - 1998, Mr. Garza continued to annually receive renewal income when customers renewed life insurance policies he had sold them. For these reasons, petitioner is not entitled to relief under section 6015(b). Section 6015(c) affords proportionate relief to the requesting spouse through allocation of the tax items to the responsible party. Generally, this avenue of relief allows a spouse to elect to be treated as if a separate return had been filed. Rowe v. Commissioner, T.C. Memo. 2001-325. To be eligible for relief under section 6015(c), the requesting spouse must no longer be married to, be legally separated from, or have lived at least 12 months apart from the individual with whom the tax return was filed. Sec. 6015(c)(3)(A)(i). Relief under section 6015(c) is not available, however, to a taxpayer if it is shown that the taxpayer had actual knowledge when signing the return of any “item” giving rise to the deficiency. Sec. 6015(c)(3)(C). As previously discussed, petitioner was in divorce proceedings and was legally separated from Mr. Garza in July 2004. However, as noted above, petitioner not only had reason to know of the understatements at the time the returns were signed, but she also had actual knowledge of the items giving rise to the deficiencies. Because petitioner had actual knowledge of thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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