- 21 - provided the taxpayer meets the requirements of section 6015(b). The requirements of section 6015(b) that must be met are as follows: (A) a joint return has been made for a taxable year; (B) on such return there is an understatement of tax attributable to erroneous items of 1 individual filing the joint return; (C) the other individual filing the joint return establishes that in signing the return he or she did not know, and had no reason to know, that there was such understatement; (D) taking into account all the facts and circumstances, it is inequitable to hold the other individual liable for the deficiency in tax for such taxable year attributable to such understatement; and (E) the other individual elects (in such form as the Secretary may prescribe) the benefits of this subsection not later than the date which is 2 years after the date the Secretary has begun collection activities with respect to the individual making the election, * * * Thus, as pertinent here, Cyndie would not be relieved from joint and several liability under section 6015(b) to the extent she had actual knowledge, or reason to know, that there was income from Phillip's Ponzi scheme that was omitted from the 1992, 1993, and 1994 joint returns. Where relief is requested with respect to the omission of income (the situation involved herein), this Court has concluded that, where a spouse seeking relief has actual knowledge of the underlying transaction that produced the omitted income, section 6015 relief is denied. SeePage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011