- 6 - determined whether petitioner had any additional Federal taxes due. The three overpayments that respondent withheld to offset petitioner’s liability included earned income credits for 1999, 2000, and 2001. OPINION Generally, married taxpayers may elect to file a joint Federal income tax return. Sec. 6013(a). After making the election, each spouse is jointly and severally liable for the entire tax due for that taxable year. Sec. 6013(d)(3). A spouse (requesting spouse) may, however, seek relief from joint and several liability by following procedures established in section 6015. Sec. 6015(a). Section 6015 replaced prior section 6013(e) and was intended to expand relief available to joint filers. See Internal Revenue Service Restructuring and Reform Act of 1998 (RRA 1998), Pub. L. 105-206, sec. 3201, 112 Stat. 685, 734. The RRA 1998 gave section 6015 retroactive effect in that it was made applicable to any liability for tax arising after July 22, 1998, and to any liability for tax arising on or before such date that remained unpaid as of July 22, 1998. RRA 1998 sec. 3201(g)(1), 112 Stat. 740; Vetrano v. Commissioner, 116 T.C. 272, 277 (2001). A requesting spouse may request relief from liability under section 6015(b) or, if eligible, may allocate liability according to provisions in section 6015(c). Sec. 6015(a). In addition, ifPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011