Fay Dalton, Petitioner, and Robert Dalton, Intervenor - Page 5




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               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, the           





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