Connie A. Washington - Page 12

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                                       OPINION                                        
               As a general rule, spouses filing joint Federal income tax             
          returns are jointly and severally liable for all taxes due.  Sec.           
          6013(d)(3).  However, under certain circumstances, section 6015             
          provides relief from this general rule.4                                    
               Section 6015 applies to any liability for tax arising after            
          July 22, 1998, and to any liability for tax arising on or before            
          July 22, 1998, but remaining unpaid as of such date.  Internal              
          Revenue Service Restructuring and Reform Act of 1998 (RRA 1998),            
          Pub. L. 105-206, sec. 3201(g), 112 Stat. 685, 740.  Section 6015            
          does not apply if the tax was paid in full on or before July 22,            
          1998.  Brown v. Commissioner, T.C. Memo. 2002-187.                          
               Section 6015 significantly relaxed the requirements for relief         
          from joint liability by providing three avenues for obtaining               
          relief to a taxpayer who has filed a joint return:  (1) Section             
          6015(b) (which is similar to former section 6013(e)) provides               
          relief with respect to understatements of tax attributable to               
          certain erroneous items on the return; (2) section 6015(c) provides         
          relief for a portion of an understatement of tax for taxpayers who          
          are separated or divorced; and (3) section 6015(f) (potentially the         
          broadest of the three avenues and the avenue directly at issue in           

               4    Sec. 6015 was enacted as part of the Internal Revenue             
          Service Restructuring and Reform Act of 1998 (RRA 1998), Pub. L.            
          105-206, sec. 3201, 112 Stat. 685, 734.  Prior to the enactment of          
          sec. 6015, relief from the imposition of joint and several                  
          liability for spouses filing joint returns was available under sec.         
          6013(e).                                                                    




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