- 12 - also quoted as saying that Attorney General Smith and other investors “hope to beat an IRS challenge in court.” OPINION I. Introduction The Jonsons made joint returns of income for the audit years, and respondent determined deficiencies in the taxes shown on those returns, which deficiencies petitioners concede. Normally, therefore, on account of section 6013(d)(3), Barbara would be jointly and severally liable for the payment of the deficiencies (along with interest). Section 6013(d)(3) provides: “if a joint return is made, the tax shall be computed on the aggregate income and the liability with respect to the tax shall be joint and several.” In certain situations, however, a joint return filer can avoid such joint and several liability. In pertinent part, section 6015(a) provides: SEC. 6015(a). In General.–-Notwithstanding section 6013(d)(3)-- (1) an individual who has made a joint return may elect to seek relief under the procedures prescribed under subsection (b), and (2) if such individual is eligible to elect the application of subsection (c), such individual may, in addition to any election under paragraph (1), elect to limit such individual’s liability for any deficiency with respect to such joint return in the manner prescribed under subsection (c).Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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