Brenda Wallace - Page 5

                                        - 5 -                                         

          are there erroneous items of the other spouse.  Petitioner merely           
          seeks relief from payment of that portion of the tax shown on the           
          joint return that was not paid when the return was filed.                   
          Petitioner, therefore, is not entitled to relief under section              
          6015(b) because there was no "understatement" of tax.                       
               Similarly, under section 6015(c), which provides relief from           
          joint liability for spouses who filed a joint return but who are            
          no longer married, or legally separated, or have lived apart for            
          a 12-month period, this Court further held in Washington v.                 
          Commissioner, supra at 146, that "Relief is not available under             
          section 6015(c) with respect to an unpaid liability for tax                 
          reported on the return."  Here, petitioner seeks relief of a tax            
          that was reported on the return.  Section 6015(c), therefore,               
          allows no relief to petitioner.3                                            
               Section 6015(f) provides for equitable relief with respect             
          to any unpaid tax, any deficiencies in tax, or any portion                  
          thereof if relief is not available under section 6015(b) or (c),            
          and if "taking into account all the facts and circumstances, it             
          is inequitable to hold the individual liable" for such liability.           
          To prevail under section 6015(f), the taxpayer must prove that              

               3    Additionally, sec. 6015(c)(1) provides that relief is             
          limited to the portion of the deficiency properly allocable to              
          the taxpayer seeking relief.  Since the unpaid tax in this case             
          is totally attributable to petitioner's income, sec. 6015(c)(1)             
          precludes any relief to petitioner.                                         





Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011