- 8 - respondent issued a notice of deficiency to petitioners for their taxable year 1990. Petitioners timely filed petitions seeking redeterminations. Petitioners subsequently moved to have their cases consolidated, and we ordered the cases consolidated for trial, briefing, and opinion. Petitioner subsequently made valid elections for relief under section 6015(b), (c), and (f). Respondent granted petitioner relief from joint liability with respect to some of the items giving rise to deficiencies; however, respondent denied relief with respect to other items. Overview of Applicable Law If a joint return is filed, the liability with respect to the tax is normally joint and several. Sec. 6013(d)(3). In 1971, Congress enacted section 6013(e) to correct perceived inequities resulting from the imposition of joint and several liability in certain circumstances. S. Rept. 91-1537, at 2 (1970), 1971-1 C.B. 606, 607. As amended,6 section 6013(e) provided that a spouse could be relieved of tax liability if the spouse proved: (1) A joint return was filed; (2) the return contained a substantial understatement of tax attributable to 6Sec. 6013(e) initially provided relief only in cases involving an omission of income. The scope of sec. 6013(e) was expanded in 1984 to provide relief in cases involving erroneous deductions. Deficit Reduction Act of 1984, Pub. L. 98-369, sec. 424, 98 Stat. 494, 801-803; H. Conf. Rept. 98-861, at 1119 (1984), 1984-3 C.B. (Vol. 2) 1, 373.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011