- 2 - Held, further, P is entitled to relief under sec. 6015(c), I.R.C., to the extent the deficiencies for 1982, 1983, and 1984 are allocable to H under sec. 6015(d), I.R.C. For purposes of applying sec. 6015(d), I.R.C., items are generally allocated as if P and H had filed separate returns. Thus, deficiencies resulting from H’s erroneous partnership deductions are generally allocated to H, and deficiencies resulting from P’s erroneous NOL deductions are generally allocable to P. See sec. 6015(d)(3)(A), I.R.C. However, pursuant to sec. 6015(d)(3)(B), I.R.C., an item otherwise allocable to an individual shall be allocated to the other individual filing the joint return to the extent the item gave rise to a tax benefit to the other individual. As a result, P is relieved of liability for deficiencies attributable to H’s erroneous partnership deductions except for the portion, if any, that offsets her income. Likewise, P is liable for deficiencies attributable to her erroneous NOL deductions to the extent they offset her income, and she is relieved of liability for any remaining portion of the deficiencies attributable to the NOL that offsets H’s income. Held, further, P is not entitled to relief under sec. 6015(f), I.R.C., for the remaining portions of the deficiencies for 1982, 1983, and 1984. Held, further, P is not entitled to relief under sec. 6015(b), (c), or (f), I.R.C., for the underpay- ments of tax in 1988 and 1989. Sandra G. Scott, for petitioner. Thomas M. Rohall, for respondent. RUWE, Judge: The issue for decision is whether petitioner is entitled to relief from joint and several liability under section 6015(b), (c), or (f)1 for her 1982, 1983, 1984, 1988, and 1Unless otherwise indicated, all section references are to (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011