- 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          has rescinded her agreement with Dorchester and Frank Wheaton by            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 Mary               
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