4 Section 6013(d)(3) provides: "if a joint return is made, the tax shall be computed on the aggregate income and the liability with respect to the tax shall be joint and several." One of the fundamental characteristics of joint and several liability is that the obligee (respondent) may proceed against the obligors (joint taxpayers) separately and may obtain a separate judgment against each. Dolan v. Commissioner, 44 T.C. 420, 427 (1965). In Garfinkel v. Commissioner, 67 T.C. 1028 (1977), the taxpayer filed a joint income tax return for 1972 with her husband, who died during that year. A request for prompt assessment was made with respect to his income tax liability for that year. Approximately 13 or 14 months later, the IRS sent a reply that the return was accepted as filed. In considering whether the Commissioner was barred from issuing a notice of deficiency in 1972 income tax to the taxpayer alone, the Court first noted that the time for the IRS to make an assessment as to her former husband expired 18 months after the request for prompt assessment was made. Id. at 1032. However, as to the taxpayer, the Court held that because the normal 3-year period of limitations had not expired as to any liability which she might have, the notice of deficiency was valid as to her because she was severally liable for the tax. Id. at 1032-1033. Petitioner argues that we should not follow Garfinkel because the Court was "construing an antiquated version of thePage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011