Kathryn Cheshire - Page 14




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                         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.                         
          The electing spouse has the burden of proof with respect to                 
          establishing the portion of any deficiency allocable to such                
          individual. See sec. 6015(c)(2).  As with section 6015(b), an               
          election for section 6015(c) relief must be made within 2 years             
          from the date the Secretary begins collection activities with               
          respect to the individual making the election. See sec.                     
          6015(c)(3)(B).                                                              
               Section 6015(f) provides:                                              
                    SEC. 6015(f). Equitable Relief.–-Under procedures                 
               prescribed by the Secretary, if–-                                      
                         (1) taking into account all the facts                        
                    and circumstances, it is inequitable to hold                      
                    the individual liable for any unpaid tax or                       
                    any deficiency (or any portion of either); and                    
                         (2) relief is not available to such                          
                    individual under subsection (b) or (c),                           
               the Secretary may relieve such individual of such                      
               liability.                                                             











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