Barbara Rooks - Page 5

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               Given the fact that they filed the 1989, 1990, 1991,                   
               1992, and 1993 returns simultaneously, with a                          
               cumulative Tax Underpayment of $25,919, plus penalties                 
               and interest; the fact that they did not have more than                
               $6,000; and the fact that she acknowledges that he                     
               would have had a great deal of trouble paying the tax                  
               liabilities, it is not reasonable that she thought (in                 
               November 1994) that Thomas could pay the 1992 or 1993                  
               tax liabilities.                                                       
               (If she did sign those returns in blank format,                        
               Innocent Spouse Relief cannot be automatically granted                 
               as she chose to shield herself from the situation.                     
               More importantly, we would still focus on whether she                  
               would have thought in November 1994 that Thomas Rooks                  
               could have been able to pay the Tax Underpayments.)                    
               In addition to showing that she reasonably believed                    
               that Thomas Rooks could and would pay the Tax                          
               Underpayments, Barbara Rooks did not establish that she                
               would suffer an Economic Hardship [if she] is held                     
               liable for the Tax Underpayments.                                      
          Petitioner challenges respondent’s denial of section 6015 relief.           
               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).  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),               
          (c), and (f).  Petitioner requested relief under each of these              
          provisions.                                                                 
               Section 6015(b) applies only to “an understatement of tax              
          attributable to erroneous items of 1 individual filing the joint            
          return”.  Sec. 6015(b)(1)(B).  Section 6015(c) applies only with            





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