Susan L. Abelein - Page 23

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                         (B) on such return there is an understatement                
                    of tax attributable to erroneous items of 1                       
                    individual filing the joint return;                               
                         (C) the other individual filing the joint                    
                    return establishes that in signing the return he                  
                    or she did not know, and had no reason to know,                   
                    that there was such understatement;                               
                         (D) taking into account all the facts and                    
                    circumstances, it is inequitable to hold the other                
                    individual liable for the deficiency in tax for                   
                    such taxable year attributable to such                            
                    understatement; and                                               
                         (E) the other individual elects (in such form                
                    as the Secretary may prescribe) the benefits of                   
                    this subsection not later than the date which is 2                
                    years after the date the Secretary has begun                      
                    collection activities with respect to the                         
                    individual making the election,                                   
               then the other individual shall be relieved of                         
               liability for tax (including interest, penalties, and                  
               other amounts) for such taxable year to the extent such                
               liability is attributable to such understatement.                      
          The requirements of section 6015(b)(1) are stated in the                    
          conjunctive.  Therefore, if the requesting spouse fails to meet             
          any one of them, she does not qualify for relief.  Alt v.                   
          Commissioner, 119 T.C. 306, 313 (2002), affd. 101 Fed. Appx. 34             
          (6th Cir. 2004).  Except as provided by section 6015, the                   
          requesting spouse bears the burden of proving that she satisfies            
          each requirement of section 6015(b)(1).11  See Rule 142(a).                 




               11Petitioner does not contend that sec. 7491 applies to this           
          case and has not produced evidence to show she satisfied the                
          requirements of sec. 7491(a).                                               





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