John A. Rowe and Donna L. Rowe - Page 8




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          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.                                        





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