- 5 - spouse relief. Petitioner filed a timely petition and amended petition with the Court requesting relief for the taxable year at issue. Respondent notified Mrs. Parker who filed a notice of intervention. As a general rule, spouses filing a joint Federal income tax return are jointly and severally liable for all taxes due. Sec. 6013(d)(3). However, an exception to such joint and several liability exists for spouses able to satisfy the statutory requirements for relief. The Internal Revenue Service Restructuring & Reform Act of 1998, Pub. L. 105-206, sec. 3201(a), 112 Stat. 734, expanded the relief previously available to joint filers by enacting section 6015. Section 6015 authorizes three avenues of relief from section 6013(d)(3) joint and several liability: (1) Section 6015(b)(1) allows a spouse to escape completely joint and several liability; (2) section 6015(b)(2) and (c) allow a spouse to elect limited liability through relief from a portion of the understatement or deficiency; and (3) section 6015(f) confers upon the Secretary discretion to grant equitable relief in situations where relief is unavailable under section 6015(b) or (c). Section 6015 provides, in pertinent part, as follows: SEC. 6015. RELIEF FROM JOINT AND SEVERAL LIABILITY ON JOINT RETURN. * * * * * * *Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011