Melvyn L. Bell - Page 21

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          Innocent Spouse Relief                                                      
               When a husband and wife file a joint Federal income tax                
          return, liability for the tax due is joint and several on their             
          aggregate income; thus, either spouse may be required to pay the            
          entire amount.  Sec. 6013(d)(3); Pesch v. Commissioner, 78 T.C.             
          100, 129 (1982).  Under section 6013(e), however, one spouse may            
          be relieved of the liability as an innocent spouse.  To be                  
          entitled to innocent spouse relief, the spouse seeking relief               
          must satisfy each of the following requirements:  (1) A joint               
          return was filed; (2) there is a substantial understatement of              
          tax on the return; (3) the understatement is attributable to a              
          grossly erroneous item of the other spouse; (4) the spouse                  
          seeking relief did not know, or have reason to know, of the                 
          substantial understatement when signing the return; and (5) upon            
          consideration of all the facts and circumstances, it would be               
          inequitable to hold the spouse seeking relief liable for the                
          income tax deficiency attributable to the understatement.  Sec.             
          6013(e)(1); Purcell v. Commissioner, 86 T.C. 228, 235 (1986),               
          affd. 826 F.2d 470 (6th Cir. 1987).  The requirements of section            
          6013(e)(1) are conjunctive, rather than alternative, and all of             
          the statutory requirements must be met for the taxpayer to be               
          afforded relief.  Estate of Jackson v. Commissioner, 72 T.C. 356,           
          360 (1979).  Ms. Carvin has the burden to prove that she is                 
          entitled to relief as an innocent spouse under section 6013(e).             
          Rule 142(a); Bokum v. Commissioner, 94 T.C. 126, 138 (1990),                
          affd. 992 F.2d 1132 (11th Cir. 1993).                                       


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