Patricia M. Mora, F.K.A. Patricia Rasberry - Page 9




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               On May 23, 2000, petitioner timely mailed to this Court a              
          petition for redetermination of relief from joint and several               
          liability on a joint return.                                                
               On July 11, 2000, respondent mailed a notice to intervenor,            
          informing him that petitioner had filed a petition with this                
          Court requesting relief from joint and several liability and that           
          he had a right to intervene.  On September 19, 2000, intervenor             
          filed a notice of intervention with this Court, requesting that             
          petitioner’s petition for relief from joint and several liability           
          be denied.                                                                  
                              ULTIMATE FINDINGS OF FACT                               
               A reasonably prudent taxpayer in the circumstances of                  
          petitioner would have known that the tax liabilities stated on              
          the returns were erroneous or that further investigation was                
          warranted.                                                                  
               Petitioner had no actual knowledge of the facts resulting in           
          the disallowance of the Shorthorn partnership losses.                       
                                       OPINION                                        
               With certain exceptions, a husband and wife may elect to               
          file a joint return based on their aggregate taxable income.  See           
          sec. 6013(a).  After making the election to file a joint return,            
          each of the spouses is jointly and severally liable for the                 
          entire tax due.  Sec. 6013(d)(3).  “One of the fundamental                  
          characteristics of joint and several liability is that the                  






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