Tracy L. Geaccone - Page 7




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        were solely entitled to the income and failed to notify his or her            
        spouse of the nature and amount of the income before the due date             
        for filing the return.  Section 66(c) provides a taxpayer with                
        relief if certain circumstances are satisfied.                                
             Petitioner is not eligible for the type of relief provided by            
        section 66(a) or (b).  Section 66(a) does not apply because                   
        petitioner and Dr. Geaccone lived together for a portion of 2001.             
        Section 66(b) is not a relief provision and can be used only                  
        by the Commissioner to disallow the benefits of community                     
        property laws to a taxpayer.  It cannot be used by a taxpayer to              
        claim relief from community property laws.  Consequently, we need             
        to consider relief only under section 66(c), which provides as                
        follows:                                                                      
             SEC. 66(c).  Spouse Relieved of Liability in Certain                     
        Other Cases.--Under regulations prescribed by the Secretary,                  
        if–-                                                                          
                  (1) an individual does not file a joint return for                  
        any taxable year,                                                             
                  (2) such individual does not include in gross                       
        income for such taxable year an item of community                             
        income properly includible therein which, in accordance                       
        with the rules contained in section 879(a), would be                          
        treated as the income of the other spouse,                                    
                  (3) the individual establishes that he or she did                   
        not know of, and had no reason to know of, such item of                       
        community income, and                                                         
                  (4) taking into account all facts and                               
        circumstances, it is inequitable to include such item of                      
        community income in such individual’s gross income,                           








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