Estate of Doris J. Severt, Deceased, Denise M. Harple, Executor - Page 5

                                          5                                           
          tax code at the time it was also engaged in antiquated                      
          paternalistic thought."  Petitioner argues that joint and several           
          liability should be treated as a rebuttable presumption.  We are            
          unpersuaded by petitioner's arguments.  The version of section              
          6013(d)(3) in effect for the year in issue is identical to                  
          section 6013(d)(3) as interpreted by the Court in Garfinkel.                
          When a joint return is filed, joint and several liability is                
          clearly imposed by statute.  Such liability may be avoided in               
          limited circumstances where innocent spouse relief is appropriate           
          or it is shown that a spouse's signature is obtained through                
          duress.  See sec. 6013(e); Brown v. Commissioner, 51 T.C. 116               
          (1968); Estate of Pearson v. Commissioner, T.C. Memo. 1988-366,             
          affd. 890 F.2d 353 (11th Cir. 1989).  Petitioner has not alleged            
          or shown that any of these exceptions applies.                              
               With respect to Robert Severt's tax liability for 1993, the            
          notice of deficiency was issued before the expiration of the 18-            
          month period for assessment under section 6501(d).  Moreover, the           
          shortened period for assessment under section 6501(d) does not              
          apply to petitioner, as decedent was jointly and severally liable           
          for any tax due.                                                            
               Petitioner argues that the doctrine of estoppel applies to             
          prevent respondent from determining a deficiency.  Petitioner               
          contends that the no-change letter sent in response to the prompt           
          assessment request filed with respect to Robert Severt's tax                






Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011