- 5 - On February 8, 1999, petitioner filed with respondent Form 8857, Request for Innocent Spouse Relief, in which petitioner sought to be relieved of liability from and to be refunded the above entire $1,808 she had paid. Respondent considered petitioner’s request for relief under section 6013(e) (for the payments that petitioner made prior to July 22, 1998) and under section 6015(b), (c), and (f) (for the one $150 payment petitioner made on July 23, 1998). On January 25, 2000, respondent denied petitioner’s request for relief from joint liability under section 6013(e). On May 17, 2000, respondent issued to petitioner a final notice of determination in which respondent denied petitioner’s request for relief from joint liability under section 6015(b), (c), and (f). OPINION Generally, taxpayers filing joint Federal income tax returns are jointly and severally liable for all taxes due. Sec. 6013(d)(3). In limited situations, however, taxpayers may be relieved of joint liability. Prior to enactment of section 6015, relief from joint and several liability was available under section 6013(e) if a taxpayer met the following requirements: (1) The joint return contained a substantial understatement of tax attributable to grossly erroneous items of the spouse not seeking relief; (2) the spouse seeking relief established that in signing the return, thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011