- 10 - with respect to 1985 and 1986, and the relief granted to petitioner is consistent with a determination made under section 6653(b)(4).7 We hold, therefore, that petitioner is not entitled to any relief from joint and several liability for the 1985 and 1986 assessments under section 6015(b) in excess of that already granted by respondent. We do not address whether petitioner qualifies for relief from joint and several liability under section 6015(c) or (f) because petitioner has not requested relief under those provisions. We have considered the remaining arguments of petitioner for a contrary result and, to the extent not discussed above, find those arguments to be irrelevant, moot, or without merit. To reflect the foregoing, Decision will be entered for respondent. 7Sec. 6653(b)(4) provides that a spouse who files a joint return shall not be liable for the addition to tax for fraud unless some part of the underpayment is due to the fraud of that spouse. In a deficiency suit, the Commissioner bears the burden of proving by clear and convincing evidence that some part of an underpayment is due to the fraud of that spouse. See sec. 7454(a); Rule 142(b).Page: Previous 1 2 3 4 5 6 7 8 9 10
Last modified: May 25, 2011