114 T.C. No. 19 UNITED STATES TAX COURT MICHAEL B. BUTLER AND JEAN BUTLER, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 27554-96. Filed April 28, 2000. P and H filed a joint 1992 Federal income tax return on which H failed to report income from an S corporation in which he was a shareholder. R issued a notice of deficiency jointly to P and H who in response filed a joint petition in this Court. H conceded that his share of the income from the S corporation was improperly omitted from the return. In the petition, P alleged that she was entitled to innocent spouse relief pursuant to sec. 6013(e), I.R.C. After trial, Congress enacted sec. 6015, I.R.C., and simultaneously repealed sec. 6013(e), I.R.C. The parties agreed to treat P's claim pursuant to sec. 6013(e), I.R.C., as an election pursuant to sec. 6015(b)(1), I.R.C., which R denied. Additionally, after trial, P requested that R consider equitable relief pursuant to sec. 6015(f), I.R.C. R considered P's request but denied P equitable relief. P seeks to reopen the record to introduce evidence as to P's ability to qualify for proportionate innocent spouse relief pursuant to sec. 6015(b)(2), I.R.C.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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