Fredie Lynn Charlton - Page 13

                                        -13-                                          
          does not qualify for relief as an innocent spouse under section             
          6015(b)(1).                                                                 
          D.   Whether Charlton Qualifies for Limitation of His Liability             
               for Petitioners’ 1994 Income Tax Under Section 6015(c)                 
               Charlton contends that he qualifies for limitation of                  
          liability for petitioners’ 1994 income tax under section 6015(c)3           

               3  Sec. 6015(c) provides:                                              
                    SEC. 6015(c).  Procedures to Limit Liability for                  
               Taxpayers No Longer Married or Taxpayers Legally                       
               Separated or Not Living Together.--                                    
                         (1)  In general.--Except as provided in this                 
                    subsection, if an individual who has made a joint                 
                    return for any taxable year elects the application                
                    of this subsection, the individual’s liability for                
                    any deficiency which is assessed with respect to                  
                    the return shall not exceed the portion of such                   
                    deficiency properly allocable to the individual                   
                    under subsection (d).                                             
                         *    *    *    *    *    *    *    *                         
                         (3)  Election.--                                             
                              (A)  Individuals eligible to make                       
                         election.--                                                  
                                   (i)  In general.--An individual                    
                              shall only be eligible to elect the                     
                              application of this subsection if–                      
                                        (I) at the time such election                 
                                   is filed, such individual is no                    
                                   longer married to, or is legally                   
                                   separated from, the individual with                
                                   whom such individual filed the                     
                                   joint return to which the election                 
                                   relates; or                                        
                                        (II) such individual was not a                
                                                             (continued...)           




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