- 38 - Accordingly, on this record, we sustain respondent’s imposition of negligence penalties. F. Relief From Joint and Several Liability If a joint return is filed, the liability with respect to income tax is normally joint and several as between husband and wife. Sec. 6013(d)(3). Ms. Sowards argues that she is entitled to relief from such joint income tax liability. Ms. Sowards is seeking relief under section 6015(b), (c), or (f), but her primary argument is that she should be relieved from all liability pursuant to section 6015(c). Section 6015(c) Section 6015(c) grants relief from joint and several tax liability for electing individuals who filed a joint return and are no longer married, are legally separated, or are living apart. Congress intended that such relief from liability be available for tax attributable to items of which the electing spouse had no knowledge. S. Rept. 105-174, at 55 (1998), 1998-3 C.B. 537, 591. Generally, this road to relief treats spouses, for purposes of determining tax liability, as if separate returns had been filed. Sec. 6015(d)(3)(A); Grossman v. Commissioner, 182 F.3d 275, 278 (4th Cir. 1999), affg. T.C. Memo. 1996-452; Charlton v. Commissioner, 114 T.C. 333, 342 (2000); Rowe v. Commissioner, T.C. Memo. 2001-325. The allocation, however, is not permitted if the Secretary shows by a preponderance of thePage: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
Last modified: May 25, 2011