Kathryn Cheshire - Page 9




                                        - 9 -                                         
                                       OPINION                                        
               As a general proposition, if a joint return is filed by a              
          husband and wife, liability with respect to any tax shown on the            
          return or found to be owing is joint and several.  See sec.                 
          6013(d)(3).  In 1971, Congress enacted section 6013(e), the                 
          predecessor to section 6015, in order to correct perceived grave            
          injustices often resulting from the imposition of joint and several         
          liability.  See S. Rept. 91-1537, at 2 (1970), 1971-1 C.B. 606,             
          607; see also Act of Jan. 12, 1971, Pub. L. 91-679, sec. 1, 84              
          Stat. 2063 (enacted sec. 6013(e)), as amended by the Deficit                
          Reduction Act of 1984, Pub. L. 98-369, sec. 424, 98 Stat. 494, 801-         
          803.                                                                        
               As amended,3 section 6013(e) provided that a spouse could be           
          relieved of tax liability if the spouse proved:  (1) A joint income         
          tax return was filed; (2) the return contained a substantial                
          understatement of tax attributable to grossly erroneous items of            
          the other spouse; (3) in signing the return, the spouse seeking             
          relief did not know, and had no reason to know, of the substantial          
          understatement; and (4) under the circumstances it would be                 
          inequitable to hold the spouse seeking relief liable for the                



               3    Initially, sec. 6013(e) provided relief only in cases             
          involving an omission of income.  In 1984, the scope of sec.                
          6013(e) was expanded to provide relief in erroneous deduction               
          cases.  See Deficit Reduction Act of 1984, Pub. L. 98-369, sec.             
          424, 98 Stat. 494, 801-803; H. Conf. Rept. 98-861, at 1119                  
          (1984), 1984-3 C.B. (Vol. 2) 1, 373.                                        





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