- 4 - 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 withPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011