Ray W. and Marilyn S. Sowards - Page 38

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          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 the              






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