-7- referenced third requirement and, hence, that she does not qualify for relief under section 6015(b). Section 6015(c) allows a qualifying individual to receive proportionate relief from joint and several liability for a deficiency if the following conditions, inter alia, are satisfied: (1) Upon electing relief under section 6015(c), the requesting spouse is divorced, legally separated, or otherwise has lived apart from the other spouse for the past 12 months, and (2) when the joint return was signed, the requesting spouse did not have actual knowledge of the items giving rise to the deficiency. Actual knowledge is present if the requesting spouse had actual knowledge of the factual circumstances which made the item unallowable as a deduction. King v. Commissioner, 116 T.C. 198, 204 (2001); see also Cheshire v. Commissioner, 115 T.C. 183 (2000), affd. 282 F.3d 326 (5th Cir. 2002). In that we have concluded supra that Butler knew that the charitable contribution deduction was invalid, we hold that Butler does not qualify for any proportionate relief under section 6015(c). Because we have held that Butler is not entitled to either full or proportionate relief for 2002 under section 6015(b) or (c), we now consider whether she is entitled to equitable relief. Under section 6015(f), the Commissioner has the discretion to grant equitable relief to any individual who files a joint return but is not entitled to full or proportionate relief under sectionPage: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 10, 2007