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 taxPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011