Evelyn B. Block - Page 8




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          The electing taxpayer bears the burden of proving “the portion of           
          any deficiency allocable to such individual.”  Sec. 6015(c)(2).             
          With respect to the allocation of the deficiency, section                   
          6015(d)(1) instructs that                                                   
                 The portion of any deficiency on a joint return                      
                 allocated to an individual shall be the amount                       
                 which bears the same ratio to such deficiency as                     
                 the net amount of items taken into account in                        
                 computing the deficiency and allocable to the                        
                 individual under paragraph (3) bears to the net                      
                 amount of all items taken into account in                            
                 computing the deficiency.                                            
          Section 6015(c) clearly contemplates the existence of a joint tax           
          deficiency from which relief is sought.                                     
               Section 6015(f) grants equitable relief to taxpayers who               
          cannot otherwise qualify under subsections (b) or (c).  However,            
          this avenue requires the existence of an “unpaid tax or any                 
          deficiency”.  Sec. 6015(f)(1).9  Section 6015(f) presupposes the            
          existence of a deficiency or unpaid tax liability.  Thus, section           
          6015(f) does not provide a platform upon which a taxpayer can               
          prevail by merely using the strictly legal argument that the                


               9In Fernandez v. Commissioner, 114 T.C. 324 (2000), and                
          Butler v. Commissioner, 114 T.C. 276 (2000), we held that this              
          Court has jurisdiction to review denials of requests for relief             
          from joint and several liability pursuant to sec. 6015(f) in both           
          deficiency and “stand alone” proceedings.  Ewing v. Commissioner,           
          118 T.C. 494 (2002).  In Ewing, we held that this Court has                 
          jurisdiction, despite the absence of an asserted deficiency, to             
          determine whether a taxpayer is entitled to equitable relief                
          pursuant to sec. 6015(f).  This holding was predicated upon the             
          language of sec. 6015(f)(1) providing for equitable relief from             
          “any unpaid tax or any deficiency”.                                         





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