- 5 - Discussion Spouses who file a joint Federal income tax return generally are jointly and severally liable for the payment of the tax shown on the return or found to be owing. Sec. 6013(d)(3); Cheshire v. Commissioner, 115 T.C. 183, 188 (2000), affd. 282 F.3d 326 (5th Cir. 2002) (“Cheshire I”). However, relief from joint and several liability is available to certain taxpayers under section 6015. There are three avenues for relief under this section-- section 6015(b), section 6015(c), and section 6015(f). Section 6015(b) Relief Section 6015(b) provides full or apportioned relief from joint and several liability for an understatement of tax on a joint return if, among other requirements, the taxpayer requesting relief “establishes that in signing the return he or she did not know, and had no reason to know” of the understatement of tax on the return. Sec. 6015(b)(1)(C), (b)(2). Generally, the spouse seeking relief has reason to know of the understatement if she has reason to know of the transaction that gave rise to the understatement. Jonson v. Commissioner, 118 T.C. 106, 115 (2002). However, the Court of Appeals for the Seventh Circuit3 has adopted what has been labeled a more lenient 3But for the provisions of sec. 7463(b), the decision in this case would be appealable to the U.S. Court of Appeals for the Seventh Circuit. See sec. 7482(b)(1)(A). This Court generally applies the law in a manner consistent with the (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011