- 7 - Simply put, petitioner was fully aware of all aspects of the couple’s business activity in 2001. Accordingly, because petitioner knew and had reason to know of all of the claimed business expenses and income related to the Schedule C activity for the year in issue, we hold that he is not entitled to relief under section 6015(b). The second avenue for relief from joint and several liability lies in section 6015(c). Section 6015(c) affords proportionate relief to the requesting spouse through allocation 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, or must be legally separated from, the individual with whom the tax return was filed and must have elected the applicability of section 6015(c) not later than 2 years after the date on which collection activity began. Sec. 6015(c)(3). Furthermore, and perhaps most important to the present facts, 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 the deficiency. Sec. 6015(c)(3)(C). Petitioner is now divorced from Ms. Payton, and the divorce decree was finalized before petitioner filed a petition with thisPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007