- 24 - 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.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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