Connie A. Washington - Page 14

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          (2000), affd. 282 F.3d 326 (5th Cir. 2002); Butler v. Commissioner,         
          supra.                                                                      
          A.   Whether Petitioner Is Entitled to Equitable Relief                     
               Section 6015(f) provides:                                              
               SEC. 6015(f). Equitable Relief.–-Under procedures                      
               prescribed by the Secretary, if–-                                      
                         (1) taking into account all the facts and                    
                    circumstances, it is inequitable to hold the                      
                    individual liable for any unpaid tax or any                       
                    deficiency (or any portion of either); and                        
                         (2) relief is not available to such                          
                    individual under subsection (b) or (c),                           
               the Secretary may relieve such individual of such                      
               liability.                                                             
               Section 6015(b) provides a spouse relief from joint liability          
          for an “understatement” (as defined in section 6662(d)(2)(A)) of            
          tax attributable to erroneous items of the other spouse.5  With             
          regard to the case herein, petitioner does not seek relief from an          
          understatement of tax but rather from that portion shown on the             
          1989 joint return that was not paid when the return was filed.              
          Because there is no understatement of tax for 1989, relief is not           
          available to petitioner under section 6015(b).                              
               Section 6015(c) provides relief from joint liability for               
          spouses who filed a joint return if they are no longer married, are         


               5    Sec. 6662(d)(2)(A) defines an understatement as the               
          excess of the amount of tax required to be shown on the return over         
          the tax imposed which is shown on the return, reduced by any                
          rebate.                                                                     




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