Fay Dalton, Petitioner, and Robert Dalton, Intervenor - Page 9




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          such spouse knows of the transaction that gave rise to the                  
          understatement.  E.g., Jonson v. Commissioner, 118 T.C. 106, 115            
          (2002).                                                                     
               Relief is available under section 6015(c) only with respect            
          to a joint tax deficiency relating to taxpayers who are divorced,           
          legally separated, or otherwise living apart.  A taxpayer’s                 
          election under section 6015(c) is not valid, however, upon a                
          showing by respondent that the taxpayer had actual knowledge of             
          an item giving rise to the tax deficiency.  Also under section              
          6015(e)(3)(A)3 no credit or refund is available under section               
          6015(c) with respect to amounts paid.  Therefore, a taxpayer who            
          qualifies for relief under section 6015(c) can be relieved of               
          liability only with respect to an unpaid liability.                         
               Lastly, under section 6015(f) respondent is granted                    
          discretion to award relief where relief is otherwise unavailable            
          under section 6015(b) or (c) if the facts and circumstances                 
          indicate that it would be inequitable to hold the spouse seeking            
          relief liable for the deficiency.  Respondent’s denial of                   
          equitable relief under section 6015(f) is reviewable under an               
          abuse of discretion standard.  See Cheshire v. Commissioner, 115            
          T.C. 183, 198 (2000), affd. 282 F.3d 326 (5th Cir. 2002); Butler            
          v. Commissioner, 114 T.C. 276, 292 (2000).                                  


               3  Sec. 6015(e)(3)(A) was redesignated in 2000 as sec.                 
          6015(g)(3).  Consolidated Appropriations Act, 2001, Pub. L.                 
          106-554, App. G, sec. 313, 114 Stat. 2763A-641.                             





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