Vicki Jo James - Page 8

                                        - 7 -                                         
          Discussion                                                                  
               In general, section 6013(a) allows spouses to elect to file            
          a joint Federal income tax return even though one has neither               
          income nor deductions.  Subject to various conditions and                   
          limitations, the election is available even after an individual             
          return has been filed by one, or both of the spouses.  Sec.                 
          6013(b).  If for any year spouses elect to file a joint return,             
          then each spouse is charged with the knowledge of the information           
          reported on the return, and each spouse is jointly and severally            
          liable for the entire tax due for that year.  Sec. 6013(d)(3);              
          Butler v. Commissioner, 114 T.C. at 282.                                    
               Subject to various conditions and in a variety of ways, an             
          individual who has made a joint return may elect to seek relief             
          from the joint and several liability arising from that joint                
          return.  Sec. 6015.  In this case, petitioner seeks relief from             
          liabilities reported on the 1995, 1996, and 1997 joint returns              
          that she filed with her former spouse.  Consequently, she is                
          entitled to relief only as provided in section 6015(f), which               
          allows relief from joint and several liability if “it is                    
          inequitable to hold the individual liable for any unpaid tax,”              
          and the individual is not entitled to relief under other                    
          provisions of section 6015.  Sec. 6015(f)(1); Washington v.                 
          Commissioner, 120 T.C. 137, 146-147 (2003).                                 








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011