- 4 - (2000). Petitioner is not entitled to relief for 1988 under section 6015 because the Browns’ 1988 tax liability was paid in full on May 18, 1998, which is before July 22, 1998. Miller v. Commissioner, 115 T.C. 582, 587 (2000), affd. 21 Fed. Appx. 160 (4th Cir. 2001); Mlay v. IRS, 168 F. Supp. 2d 781, 785 (S.D. Ohio 2001). Congress expanded the relief available to joint filers by repealing section 6013(e) in 1998 and enacting section 6015. RRA sec. 3201(a), (e)(1), 112 Stat. 734, 740. Section 6015 applies to any liability for tax arising on or before July 22, 1998, but remaining unpaid as of that date. RRA sec. 3201(g)(1), 112 Stat 740. However, petitioner’s tax was paid in full before the effective date of section 6015. Thus, her claim is governed by section 6013(e).1 We are aware of no provision in the Internal Revenue Code which allows us to grant relief under section 6013(e) to a taxpayer, such as petitioner in this case, who filed a “stand- 1 The four requirements for relief under sec. 6013(e) are: (1) A joint return was filed for the year at issue; (2) the return contained a substantial understatement of tax attributable to grossly erroneous items of the other spouse; (3) the spouse seeking relief establishes that, in signing the return, he or she did not know, and had no reason to know, of the substantial understatement; and (4) it would be inequitable to hold the spouse seeking relief liable for the substantial understatement. Sec. 6013(e)(1).Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011