- 22 - In this case, petitioner has presented no credible nontax reason for the transfer of assets pursuant to the separation agreement. Mr. Ohrman’s gambling addiction, long known to her, did not cause a legal separation. Petitioner reacted to that situation by taking practical control of the family finances. These circumstances lead us to the ultimate conclusion that petitioner obtained a legal separation in order to shield as many assets and as much of the family’s income as possible from the 1999 tax deficiency. Furthermore, it is not inequitable to hold petitioner liable for the 1999 tax deficiency because she would not suffer a major financial hardship as a result. Petitioner holds assets that she could use to pay the 1999 tax deficiency. In addition, her family’s living expenses are all paid from Mr. Ohrman’s earnings. Therefore, although her circumstances may be unfortunate, they do not compel relief from joint and several tax liability under section 6015(b). Section 6015(c) Analysis Because petitioner cannot avoid liability for the deficiency arising from the joint 1999 return under section 6015(b), we now turn our attention to her claim for relief from joint and several liability under section 6015(c). Section 6015(c) allows a taxpayer, who is eligible and so elects, to limit his or her liability to the portion of a deficiency that is properlyPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011