- 4 -
OPINION
The above findings of fact are sparse. The record in this
case does not include either the tax returns for the years in
issue or the notices of deficiency, and, therefore, we cannot
determine the nature of the adjustments leading to the
deficiencies and unpaid taxes and whether they are solely
attributable or allocable to H. Smith.
Section 6015 provides in pertinent part as follows:
SEC. 6015. RELIEF FROM JOINT AND SEVERAL
LIABILITY ON JOINT RETURN.
* * * * * * *
(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
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011