- 9 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011