Fredie Lynn Charlton - Page 17

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               For purposes of section 6015(c), an item giving rise to a              
          deficiency on a joint return is generally allocated as if the               
          individuals had filed separate returns.  See sec. 6015(d)(3)(A).            
               Respondent contends that the parties should perform the                
          computations under section 6015(d) as part of the Rule 155                  
          computations.  Neither Charlton nor Hawthorne objects to using              
          that procedure.  We agree with respondent, and we will so order.            
          E.   Whether the Tax Court Has Jurisdiction To Review a                     
               Taxpayer’s Request for Equitable Relief Under Section                  
               6015(f)                                                                
               Respondent contends that we lack jurisdiction to decide                
          whether the Commissioner properly denied relief to a taxpayer               
          under section 6015(f).  We disagree, for reasons stated in Butler           
          v. Commissioner, 114 T.C. __, __ (2000) (slip op. at 18-26).                
               Hawthorne and respondent have apparently suspended any                 
          activity relating to Hawthorne’s claim under section 6015(f)                
          while this case is pending.  If the Secretary denies her                    


               4(...continued)                                                        
                         item otherwise allocable to an individual                    
                         under subparagraph (A) shall be allocated to                 
                         the other individual filing the joint return                 
                         to the extent the item gave rise to a tax                    
                         benefit on the joint return to the other                     
                         individual.                                                  
                         (C)  Exception for fraud.  The Secretary may                 
                         provide for an allocation of any item in a                   
                         manner not prescribed by subparagraph (A) if                 
                         the Secretary establishes that such                          
                         allocation is appropriate due to fraud of one                
                         or both individuals.                                         




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Last modified: May 25, 2011