- 12 - joint Federal income tax return. If a husband and wife file a joint return, the tax is computed on their aggregate income and the liability with respect to such tax is joint and several. See sec. 6013(d)(3). Section 6015, however, provides various means by which a spouse can be relieved of this joint and several obligation. Petitioner makes her claim for such relief pursuant to section 6015(b)(1). To qualify for statutory relief from joint and several liability under section 6015(b)(1), a taxpayer must establish that: (1) A joint return was made under section 6013, see sec. 6015(b)(1)(A); (2) there was an understatement of tax attributable to erroneous items of the other spouse, see sec. 6015(b)(1)(B); (3) at the time of signing the return, the spouse seeking relief did not know and had no reason to know of such understatement, see sec. 6015(b)(1)(C); and (4) taking into account all the facts and circumstances, it is inequitable to hold the spouse seeking relief liable for the deficiency in tax attributable to the understatement, see sec. 6015(b)(1)(D).10 The requirements of section 6015(b)(1) are stated in the conjunctive. Accordingly, a failure to meet any one of them prevents a spouse from qualifying for the relief offered therein. 10 As a procedural matter, a spouse seeking relief under sec. 6015(b) must also submit the claim for relief within 2 years of the date on which the Secretary begins collection activities with respect to such spouse. See sec. 6015(b)(1)(E).Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011