- 21 - 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).Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011