Lisa Marie Pierce - Page 9

                                        - 8 -                                         
               The Court must decide whether respondent abused his                    
          discretion in denying section 6015(f) relief with respect to an             
          amount of tax reported on petitioner's 1994 joint return but not            
          paid.  The Court reviews respondent's determination for abuse of            
          discretion, Butler v. Commissioner, 114 T.C. 276 (2000), and                
          holds that respondent did not abuse his discretion and that his             
          determination was not arbitrary.                                            
               As a general rule, spouses filing joint Federal income tax             
          returns are jointly and severally liable for all taxes due.  Sec.           
          6013(d)(3); Cheshire v. Commissioner, 115 T.C. 183, 188 (2000),             
          affd. 282 F.3d 326 (5th Cir. 2002).  Under section 6015, however,           
          certain taxpayers are entitled to relief from joint and several             
          liability.                                                                  
               There are three avenues for relief from joint liability                
          under section 6015.  Section 6015(b) provides relief with respect           
          to understatements of tax attributable to certain erroneous items           
          on the return.  Section 6015(c) provides relief for a portion of            
          an understatement of tax for taxpayers who are separated or                 
          divorced.  Section 6015(f) confers upon the Secretary discretion            
          to grant equitable relief for taxpayers who otherwise do not                
          qualify for relief under section 6015(b) or (c).                            
               Petitioner requested relief from joint liability under                 
          section 6015 for the payment of the tax reported on the 1994                
          joint return that was unpaid when the return was filed.                     






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Last modified: May 25, 2011