- 23 - allocable to the taxpayer as provided in section 6015(d). Sec. 6015(c)(1). Under section 6015(d)(3)(A), generally, any items that give rise to a deficiency on a joint return, e.g., the unreported early distributions from the Dean Witter account, shall be allocated to the individual filing the return in the same manner as it would have been allocated if the individual had filed a separate return for the taxable year. A taxpayer is eligible to elect the application of section 6015(c) if, at the time the election is filed, the taxpayer is legally separated from the individual with whom the taxpayer filed the joint return to which the election relates. Sec. 6015(c)(3)(A)(i)(I). Furthermore, the election under section 6015(c) must not be made later than 2 years after the date on which respondent has begun collection activities with respect to the taxpayer making the election. Sec. 6015(c)(3)(B). Respondent does not contend that petitioner’s election under section 6015(c) was untimely. Therefore, petitioner is eligible to elect the application of section 6015(c) to limit her liability for the 1999 tax deficiency. The issue with which we are faced in this case, however, deals with the application of section 6015(c)(4) to the transfer of assets from Mr. Ohrman to petitioner pursuant to the separation agreement. Specifically, we must decide whether the amount of the 1999 tax deficiency for which petitioner can bePage: 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