- 8 - During the examination and appeals phase of the instant case, petitioner submitted to respondent a copy of the previously filed joint 1991 Federal income tax return. However, the copy included a counterfeit Form 1099-R, prepared by Mr. Browne but purporting to be from the State of Maryland, indicating that only $709.96 of the transfer refund distribution was taxable. OPINION The question before us is whether petitioner is entitled to relief from joint and several liability under section 6015, commonly referred to as innocent spouse relief. The parties do not dispute that $629,083.14 of the transfer refund must be included in income. Petitioner seeks relief under section 6015(b), (c), and (f) from the liability for tax attributable to the failure to include in income the taxable portion of the transfer refund distribution. We hold that she is not entitled to such relief. In our recent Court-reviewed case, Cheshire v. Commissioner, 115 T.C. ___ (2000), we discussed the history of old section 6013 and new section 6015 in detail, and we do not repeat that discussion here. Section 6015(b)(1) provides as follows: (1) In general.--Under procedures prescribed by the Secretary, if-- (A) a joint return has been made for a taxable year;Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011