Webber Douglas Gilmer, Petitioner, and Minnie Payton, Intervenor - Page 8




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               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 this           







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