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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).
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