Rosalinda E. Alt - Page 14




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          cases interpreting former section 6013(e) remain instructive to               
          our analysis.  Butler v. Commissioner, supra at 283.                          
               Whether it is inequitable to hold a spouse liable for a                  
          deficiency is determined “taking into account all the facts and               


               7(...continued)                                                          
               Cases.--                                                                 
                         (1) In general.--Under regulations prescribed by               
                    the Secretary, if--                                                 
                               (A) a joint return has been made under this              
                         section for a taxable year,                                    
                               (B) on such return there is a substantial                
                         understatement of tax attributable to grossly                  
                         erroneous items of one spouse,                                 
                               (C) the other spouse establishes that in                 
                         signing the return he or she did not know, and had             
                         no reason to know, that there was such substantial             
                         understatement,                                                
                               (D) taking into account all the facts and                
                         circumstances, it is inequitable to hold the other             
                         spouse liable for the deficiency in tax for such               
                         taxable year attributable to such substantial                  
                         understatement,                                                
                    then the other spouse shall be relieved of liability                
                    for tax (including interest, penalties, and other                   
                    amounts) for such taxable year to the extent such                   
                    liability is attributable to such substantial                       
                    understatement.                                                     
          In order to make relief from joint and several liability more                 
          accessible, Congress repealed sec. 6013(e) and enacted a new                  
          provision (sec. 6015) in 1998 as part of the Internal Revenue                 
          Service Restructuring and Reform Act of 1998, Pub. L. 105-206,                
          sec. 3201(a), 112 Stat. 734; H. Conf. Rept. 105-599, at 249                   
          (1998), 1998-3 C.B. 747, 1003.                                                







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