- 5 - (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).Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011