Kathryn Bernal - Page 8




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                    SEC. 66(c).  Spouse Relieved of Liability in                      
               Certain Other Cases.-- Under regulations prescribed by                 
               the Secretary, if–-                                                    
                           (1) an individual does not file a                          
                    joint return for any taxable year,                                
                           (2) such individual does not include                       
                    in gross income for such taxable year an item                     
                    of community income properly includible                           
                    therein which, in accordance with the rules                       
                    contained in section 879(a), would be treated                     
                    as the income of the other spouse,                                
                           (3) the individual establishes that he                     
                    or she did not know of, and had no reason to                      
                    know of, such item of community income, and                       
                           (4) taking into account all facts and                      
                    circumstances, it is inequitable to include                       
                    such item of community income in such                             
                    individual’s gross income,                                        
               then, for purposes of this title, such item of                         
               community income shall be included in the gross income                 
               of the other spouse (and not in the gross income of the                
               individual).  Under procedures prescribed by the                       
               Secretary, if, taking into account all the facts and                   
               circumstances, it is inequitable to hold the individual                
               liable for any unpaid tax or any deficiency (or any                    
               portion of either) attributable to any item for which                  
               relief is not available under the preceding sentence,                  
               the Secretary may relieve such individual of such                      
               liability.                                                             
               The Commissioner has issued guidance concerning the factors            
          that he will consider when determining whether to grant equitable           
          relief to an innocent spouse under sections 66(c) and 6015(f).6             


               6  Sec. 6015(a) provides that an individual who has made a             
          joint return may elect to seek relief from joint and several                
          liability on such return.  Because petitioner and her spouse did            
          not file joint returns for any of the years which are the subject           
          matter of the motion to dismiss, the provisions of sec. 6015 for            
                                                             (continued...)           





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