- 18 - Section 6015(c) provides relief from joint liability for spouses either no longer married, legally separated, or living separate and apart. Generally, this avenue of relief allows a spouse to elect to be treated as if a separate return had been filed. Rowe v. Commissioner, T.C. Memo. 2001-325. Section 6015(c)(2) places the burden of proof with respect to establishing the portion of the deficiency allocable to the electing spouse upon such spouse. With respect to erroneous deduction items, section 1.6015- 3(d)(2)(iv), Proposed Income Tax Regs., 66 Fed. Reg. 3898 (Jan. 17, 2001), entitled Erroneous Deduction Items, provides generally that erroneous deduction items related to a business or investment are allocated to the spouse who owned the business or investment, and, if both spouses owned an interest in such activity, an erroneous deduction item is generally allocated between the spouses in proportion to each spouse's ownership interest unless there is clear and convincing evidence supporting a different allocation. Erroneous items of income are allocated similarly to the spouse who was the source of the income. Sec. 1.6015-3(d)(2)(iii), Proposed Income Tax Regs., 66 Fed. Reg. 3898 (Jan. 17, 2001). Section 6015(c)(2) provides that each individual who elects application of section 6015(c) "shall have the burden of proof with respect to establishing the portion of any deficiency allocable to such individual".Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011