Rosalinda E. Alt - Page 13




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               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 with respect to the individual making the                     
               election, * * *.                                                         
               The requirements of section 6015(b)(1) are stated in the                 
          conjunctive.  Accordingly, a failure to meet any one of them                  
          prevents a requesting spouse from qualifying for relief offered               
          therein.  Respondent contends that petitioner failed to establish             
          the requirements of subparagraphs (B), (C), and (D).  We need not             
          decide whether petitioner satisfies the requirements of                       
          subparagraphs (B) and (C) because, taking into account all of the             
          facts and circumstances as required by subparagraph (D), we find              
          that it would not be inequitable to hold her liable for the                   
          deficiencies in tax.                                                          
               The requirement in section 6015(b)(1)(D), that it be                     
          inequitable to hold the requesting spouse liable for an                       
          understatement on a joint return, is virtually identical to the               
          same requirement of former section 6013(e)(1)(D);7 therefore,                 

               7  Former sec. 6013(e)(1) provided:                                      
                    SEC. 6013(e).  Spouse Relieved of Liability in Certain              
                                                               (continued...)           





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