Rosemarie Meyer - Page 8

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                                       OPINION                                        
               Married couples who file joint returns ordinarily incur                
          joint and several liability for the full amount of tax due on               
          their combined incomes.  Sec. 6013(d)(3); Hayman v. Commissioner,           
          992 F.2d 1256, 1258 (2d Cir. 1993), affg. T.C. Memo. 1992-228;              
          Sonnenborn v. Commissioner, 57 T.C. 373, 381 (1971).  The                   
          "innocent spouse" defense provided in section 6013(e) partially             
          alleviates the harshness of this rule.  Section 6013(e) provides:           
               (e) Spouse Relieved of Liability in Certain 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, and                                               
                         (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.                                                        
               Whether an individual qualifies for innocent spouse status             
          in order to avoid liability primarily involves a factual inquiry.           





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