Patricia M. Mora, F.K.A. Patricia Rasberry - Page 10




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          obligee * * * may proceed against the obligors separately and may           
          obtain separate judgments against each.”  Dolan v. Commissioner,            
          44 T.C. 420, 427 (1965).                                                    
               “Prior to 1971, a spouse was held strictly liable for tax              
          deficiencies resulting from omissions and deductions attributable           
          solely to the other spouse, even if the ‘innocent spouse’ knew              
          nothing of the erroneous items.”  Guth v. Commissioner, 897 F.2d            
          441, 442-443 (9th Cir. 1990).  In order to mitigate the effect of           
          the harsh rule holding both spouses jointly and severally liable            
          for joint return taxes in all circumstances, Congress in 1971               
          enacted former section 6013(e) “to bring government tax                     
          collection practices into accord with basic principles of equity            
          and fairness.”  S. Rept. 91-1537, at 2 (1970), 1971-1 C.B. 606,             
          607.                                                                        
               Under the original section 6013(e) enacted in 1971, a                  
          requesting spouse was entitled to relief from joint return                  
          liability only for the nonrequesting spouse’s failure to report             
          income.  In 1984, former section 6013(e) was amended to cover any           
          “substantial understatement of tax” whether arising from an                 
          omission of income, or an erroneous deduction, exclusion, or                
          credit.                                                                     
               In 1998, Congress repealed former section 6013(e) and                  
          enacted section 6015.  Internal Revenue Service Restructuring and           
          Reform Act of 1998, Pub. L. 105-206, sec. 3201(a), 112 Stat. 734.           






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