- 32 - Wodlinger that “he was not going to have that defense raised.” Second, he has not demonstrated to us that his wife had any substantial separate assets or, even if she did, that he would have any claim to those assets should respondent choose to pursue him for the full amount of the settlement figures in the docketed cases in which he and Mary Wheaton are petitioners. In any event, section 6013(d)(3) imposes joint and several liability for the tax on spouses making a joint return of income, and, therefore, Frank Wheaton’s liability is independent of the existence of Mary Wheaton’s separate assets. F. Rescission Lastly, Dorchester and Frank Wheaton argue that respondent has rescinded her agreement with Dorchester and Frank Wheaton by entering into a subsequent agreement with Mary Wheaton allowing her to claim innocent spouse relief (the innocent spouse agreement). Dorchester and Frank Wheaton claim that Mary Wheaton’s assets are no longer available to satisfy the “$40 million settlement”: “Respondent’s counsel has unilaterally pulled the rug out from under Mr. Wheaton.” As a preliminary matter, we fail to see how that argument benefits Dorchester. On the facts as we understand them, nothing in the Code or the settlement agreement makes either Mary or Frank Wheaton responsible for Dorchester’s liability or vice versa. Dorchester has failed to show any protected right or interest that is affected by respondent’s agreement with MaryPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011