Sharon Lee Bartlett, F.K.A. Heitzman - Page 24

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          share of the 1979 minimum annual royalty or intangible drilling             
          costs attributable to Stonehurst.  Id.  On October 18, 1988, the            
          Court of Appeals for the Ninth Circuit affirmed.  Heitzman v.               
          Commissioner, 859 F.2d 783 (9th Cir. 1988).                                 
               On May 29, 1990, Mr. Heitzman filed for bankruptcy for a               
          second time.  As part of the bankruptcy proceedings, Mr. Heitzman           
          was discharged from any liability resulting from the decision               
          against him in Heitzman v. Commissioner, T.C. Memo. 1987-109.               
                                       OPINION                                        
               The Code permits married persons to make “a single return              
          jointly of income taxes”.  Sec. 6013(a).  Spouses who file a                
          joint return are jointly and severally liable for any tax due on            
          their aggregate income, including interest.  Sec. 6013(d)(3).               
          The sole issue for decision is whether petitioner is entitled to            
          innocent spouse relief from joint liability on her and Mr.                  
          Heitzman’s 1979 income tax return.                                          
               To qualify for statutory relief from joint and several                 
          liability under section 6013(e),10 a putative innocent spouse               
          must establish:  (1) A joint return was made under section 6013;            


               10 We apply the statute as amended by Congress in 1984 even            
          though the year before us is 1979.  The Deficit Reduction Act of            
          1984, Pub. L. 98-369, sec. 424(a), 98 Stat. 494, 801-802, amended           
          sec. 6013(e) retroactively to all open tax years to which the               
          1954 Code applies.                                                          
               Petitioner argued in the alternative that she met the                  
          requirements of sec. 6004 of the Technical and Miscellaneous                
          Revenue Act of 1988, Pub. L. 100-647, 102 Stat. 3342, 3685-3686.            
          We need not consider this alternative argument.                             


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