John A. Rowe and Donna L. Rowe - Page 10




                                       - 10 -                                         
               A spouse seeking relief from joint liability is not limited            
          to seeking relief under only one subsection; rather, the spouse             
          may make simultaneous claims for relief under all provisions.  In           
          the instant case, the parties have treated petitioner’s claim for           
          relief from joint liability as elections pursuant to section                
          6015(b), (c), and (f).                                                      
               A.   Section 6015(b)                                                   
               Section 6015(b) provides, in pertinent part:                           
                    SEC. 6015(b).  Procedures for Relief From                         
               Liability Applicable to All Joint Filers.--                            
                         (1) In general.--Under procedures prescribed                 
                    by the Secretary, if--                                            
                              (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                    






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