-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...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011