- 8 - limitations for filing a timely claim for refund based upon when a tax is “paid”. Courts interpreting * * * [the sec. 6511(a) limitation on filing a claim for refund, and not the sec. 6511(b) limitation on the amount of the refund] have held that the limitation period begins to run as to an entire tax liability only when the last dollar of the liability is paid, reasoning that “the tax liability is unitary and not discharged until paid in full.” [Id. at 55 (quoting Union Trust Co. v. United States, 70 F.2d 629, 630 (2d Cir. 1934)).] Our resolution of the facts in this case does not require us to decide the Flores issue. Relying on section 6015(b), (c), and (f), petitioner seeks three grounds for relief from joint and several liability. Relief is available under section 6015(b) (similar to former section 6013(e)) if the following requirements are satisfied: (1) The joint return contains an understatement of tax attributable to the spouse not seeking relief; (2) the spouse seeking relief establishes that in signing the return he or she did not know, and had no reason to know, that there was an understatement of tax; (3) taking into account all the facts and circumstances, it would be inequitable to hold the spouse seeking relief liable for the deficiency; and (4) the spouse seeking relief timely elects the benefits of section 6015(b). In general, this Court has concluded that a relief-seeking spouse knows or has reason to know of an understatement of tax ifPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011