Sybil M. Smith - Page 4




                                        - 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                     







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