Shirley Westerhuis - Page 4

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          joint Federal income tax return.  They reported on that return              
          the IRA disbursement of $14,363.  In computing the tax due they             
          included the early distribution additional tax under section                
          72(t).  The return showed that they owed $2,979.  That amount was           
          not paid when the return was filed.                                         
               At the time of the divorce petitioner and intervenor owned a           
          residence.  Originally the residence was to be sold, and each was           
          to receive half of the proceeds.  Subsequently, the residence was           
          ordered deeded to petitioner, and petitioner was ordered to                 
          “continue to pay the joint debts”.  Petitioner was represented by           
          an attorney during these proceedings.  The house was eventually             
          sold in 2000, and petitioner received approximately $20,000.                
               Petitioner filed individual 1998 and 1999 Federal income tax           
          returns.  Each return showed that she was due a refund.                     
          Respondent applied these overpayments to the amount not paid on             
          the 1997 tax liability.                                                     
                                     Discussion                                       
               A requesting spouse may elect relief from joint and several            
          liability under section 6015.  There are three types of relief              
          available:  (1) Section 6015(b)(1) provides full relief from                
          joint and several liability; (2) section 6015(c) provides                   
          separate tax liability available to divorced or separated                   
          taxpayers; and (3) section 6015(f) provides equitable relief from           
          joint and several liability in certain circumstances if section             






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