- 7 - 187 (jurisdiction limited to relief contemplated under section 6015). Petitioner’s amendment would allow her to go beyond the specific relief contemplated by section 6015 and question the viability of the tax liabilities from which she seeks relief. As previously stated, a finding that the period of limitations has expired is a complete legal bar to the assessment of the unpaid tax liability. See sec. 7459(e); Genesis Oil & Gas v. Commissioner, supra; Whirlpool Corp. v. Commissioner, 61 T.C. 182 (1973). Section 6015 provides qualifying taxpayers with three distinct avenues of relief from joint and several tax liability. Section 6015(b) requires that the return from which the electing taxpayer seeks relief shows “an understatement of tax attributable to erroneous items of one individual filing the joint return”. Sec. 6015(b)(1)(B). In addition, the electing taxpayer must show that “taking into account all the facts and circumstances, it is inequitable to hold the other individual liable for the deficiency in tax for such taxable year attributable to such understatement”. Sec. 6015(b)(1)(D). Thus, a prerequisite to seeking relief under section 6015(b) is the existence of a tax deficiency. In a similar vein, a taxpayer may seek relief pursuant to section 6015(c) for an “individual’s liability for any deficiency which is assessed with respect to the return”. Sec. 6015(c)(1).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011