Floyd William Munsinger & Audreanne Elise Lewallen, f.k.a. Audreanne Elise Munsinger - Page 8




                                        - 7 -                                         
         v. Commissioner, T.C. Memo. 2001-325.  Relief under section                  
         6015(c), however, is not available if the Commissioner                       
         demonstrates that the requesting spouse had actual knowledge, at             
         the time the return was signed, of any item giving rise to a                 
         deficiency (or portion thereof) that is not allocable to such                
         individual.4  Sec. 6015(c)(3)(C); Hopkins v. Commissioner, 121               
         T.C. 73, 86 (2003); Cheshire v. Commissioner, supra at 193-194.              
         As noted above, Ms. Lewallen had actual knowledge of Mr.                     
         Munsinger’s employment with Progress Rail Services, the item                 
         giving rise to the underpayment not allocable to her; therefore,             
         relief is not available to Ms. Lewallen under section 6015(c).               
              3.  Relief Under Section 6015(f)                                        
              Section 6015(f) grants the Commissioner discretion to                   
         relieve an individual, where relief is not available under                   
         section 6015(b) or (c), from joint liability if taking into                  
         account all the facts and circumstances, it is inequitable to                


               4  The knowledge requirement under sec. 6015(c)(3)(C) does             
          not require the requesting spouse to possess actual knowledge of            
          the tax consequences arising from the item giving rise to the               
          deficiency.  Hopkins v. Commissioner, 121 T.C. 73, 86 (2003);               
          Cheshire v. Commissioner, 115 T.C. 183, 194 (2000), affd. 282               
          F.3d 326 (5th Cir. 2002); sec. 1.6015-3(c)(2), Income Tax Regs.             
          Rather, the statute mandates only a showing that the requesting             
          spouse actually knew of the item on the return that gave rise to            
          the deficiency (or portion thereof), without regard as to whether           
          he or she knew of the tax consequences.  Mitchell v.                        
          Commissioner, 292 F.3d 800, 805 (D.C. Cir. 2002), affg. T.C.                
          Memo. 2000-332; Cheshire v. Commissioner, supra.  In the instant            
          case, however, we are convinced that Ms. Lewallen also knew that            
          wages are includable as income and fully taxable.                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 10, 2007