Kathryn Bernal - Page 4




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          income tax liability on community property income for the taxable           
          years 1988 through 1998.3  Petitioner stated in an attachment to            
          Form 8857 that:                                                             
               Code Section 6015 contains significant provisions                      
               designed to protect married taxpayers from the misdeeds                
               of their spouses.  Further, I understand that innocent                 
               spouse relief is available under an apportioned basis.                 
               My understanding is the IRS is authorized to provide                   
               equitable innocent spouse relief to spouses in                         
               community property states who do not file joint                        
               returns.  Additionally, divorced taxpayers and married                 
               taxpayers who are legally separated or who have been                   
               living apart for at least one year are permitted to                    
               elect separate tax liability despite having filed a                    
               joint return.                                                          
          In the attachment to Form 8857, petitioner further alleged that             
          she lived separate and apart from her spouse for more than 1                
          year; her spouse was physically and mentally abusive; her spouse            
          lied to her about the filing of tax returns; her monthly gross              
          income was $750; and she would suffer undue and significant                 
          hardship unless the requested relief was granted.                           
               Respondent issued two final notices of determination to                
          petitioner, each dated August 13, 2001.  The explanation of items           
          attached to the notice of determination for the 1992 year stated            
          as follows:                                                                 
               We have disallowed your claim for the 1992 tax year                    
               because you have not met the requirements of I.R.C.                    
               section 6015(f) for equitable relief as follows:                       
                    *  You had reasonable belief that the tax was                     


               3  Form 8857 does not appear to differentiate whether relief           
          is requested under sec. 66 or under sec. 6015.                              





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