Kathleen Patricia Peters - Page 6




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                              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...)           





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