- 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 NextLast modified: November 10, 2007