Andrews Amankwah - Page 5




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                    (A) a joint return has been made for a taxable year;              
                    (B) on such return there is an understatement[3] of               
               tax attributable to erroneous items of 1 individual                    
               filing the joint return;                                               
                    (C) the other individual filing the joint return                  
               establishes that in signing the return he or she did                   
               not know, and had no reason to know, that there was                    
               such understatement;                                                   
                    (D) taking into account all the facts and                         
               circumstances, it is inequitable to hold the other                     
               individual liable for the deficiency in tax for such                   
               taxable year attributable to such understatement; and                  
                    (E) the other individual elects (in such form as                  
               the Secretary may prescribe) the benefits of this                      
               subsection not later than the date which is 2 years                    
               after the date the Secretary has begun collection                      
               activities with respect to the individual making the                   
               election, * * *                                                        
               Further, a taxpayer may elect to seek relief from joint                
          liability under section 6015(c) if the taxpayer, at the time of             
          making the election, was no longer married to, or was legally               
          separated from the person with whom the joint return was filed,             
          or if the taxpayer did not live together with such person for the           
          12-month period preceding the election.  If a taxpayer elects               
          relief under section 6015(c), such taxpayer's liability for any             
          deficiency assessed with respect to a joint return shall not                
          exceed the portion of such deficiency properly allocable, as                
          provided under section 6015(d), to such taxpayer.  However, such            


          3  Sec. 6015(b)(3) provides that the term "understatement"                  
          has the meaning given to such term by sec. 6662(d)(2)(A).                   






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