Andrew J. Zoglman - Page 10

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          petitioner, and he testified that he knew Ms. Morrison received             
          monthly Social Security payments.                                           
               The parties failed to report the correct liability because             
          they relied on their return preparer’s assessment that the entire           
          benefit award was not taxable.  In such situations                          
               Where the understatement results from “a                               
               misapprehension of the income tax laws by the preparers                
               of the tax returns and the signatory parties,” both                    
               husband and wife are perceived to be “innocent” and                    
               there is “no inequity in holding them both to joint and                
               separate liability”.  * * *                                            
          Hayman v. Commissioner, supra at 1262 (quoting McCoy v.                     
          Commissioner, 57 T.C. 732, 735 (1972)).  Taking into account all            
          the facts and circumstances, holding petitioner and Ms. Morrison            
          jointly and severally liable would not be inequitable.                      
          II.  Relief Under Section 6015(b)(2)                                        
               If an electing spouse does not know or have reason to know             
          of the extent of an understatement, under section 6015(b)(2) an             
          individual may qualify for partial relief from joint and several            
          liability.  To qualify, the electing spouse must establish that,            
          in signing the return, he or she did not know or have reason to             
          know of a portion of the understatement.  In addition, he or she            
          must satisfy all other requirements of section 6015(b)(1) with              
          respect to that portion.  See Vetrano v. Commissioner, 116 T.C.             
          272, 281 (2001)); sec 1.6015-2(e)(1) Income Tax Regs.  Section              
          6015(b)(2) provides:                                                        







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