David C. Jonson and Estate of Barbara J. Jonson, Deceased - Page 12

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          also quoted as saying that Attorney General Smith and other                 
          investors “hope to beat an IRS challenge in court.”                         
          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                    
               (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).                                       

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