Jack D. Eller - Page 7




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          married in June 1992, when she was pregnant with their second               
          child, born the next year.  They were divorced in May 2001.                 
               Petitioner and his former spouse filed a joint Federal                 
          income tax return for each year in issue.  The illegal income is            
          not included in the income reported on any of those returns.                
          Petitioner was not aware of his former spouse’s involvement in              
          the above-described scheme at the time he signed any of those               
          income tax returns.                                                         
               Petitioner agrees that for each year in issue, respondent              
          has properly determined the amount of the deficiency attributable           
          to the omission of the illegal income.  Nevertheless, according             
          to petitioner, he should be relieved from liability for those               
          deficiencies under section 6015.                                            
                                     Discussion                                       
               In general, spouses filing a joint Federal income tax return           
          are jointly and severally responsible for the full income tax               
          liability ultimately determined with respect to the year for                
          which the return was filed.  Sec. 6013(d)(3); Butler v.                     
          Commissioner, 114 T.C. 276, 282 (2000).  “Section 6015, however,            
          provides various means by which a spouse can be relieved of this            
          joint and several obligation.”  Alt v. Commissioner, 119 T.C.               
          306, 311 (2002), affd. 101 Fed. Appx. 34 (6th Cir. 2004).                   
               One means is provided in section 6015(c).  Upon election of            
          its application by the taxpayer, that section limits an                     







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