- 6 - Section 6015(c): Relief for Taxpayers No Longer Married, Legally Separated, or Not Living Together Although petitioner stated in her request for relief that she was seeking relief under section 6015(f) with respect to an underpayment for each year, respondent’s final determination granted partial relief of $3,267 with respect to the 2000 deficiency under section 6015(c) and found petitioner liable for $704.88. Accordingly, the Court reviews respondent’s determination pursuant to section 6015(c). Section 6015(c)(1) provides proportionate relief for any deficiency that was assessed if a joint return was filed and, at the time the election was made, the spouses were no longer married, they were legally separated, or they had lived apart for the 12-month period ending on the date the election was filed. Generally, the individual may elect to be treated as if separate returns were filed, and liability is limited to that portion of the deficiency that is properly allocable to the electing spouse. See sec. 6015(c)(1), (d)(3). The electing spouse bears the burden of proving the amount of the deficiency that is allocable to him except in limited circumstances. Sec. 6015(c)(2). If the IRS proves that the electing spouse had actual knowledge, at the time he signed the return, of any item giving rise to the deficiency and the item was allocable to the nonelecting spouse, then the election is invalid with respect toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008