- 7 - a requesting spouse needs to satisfy the following five elements of section 6015(b)(1): (A) a joint return has been made for a taxable year; (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 [timely] elects (in such form as the Secretary may prescribe) the benefits of this subsection * * *. The requesting spouse’s failure to meet any one of these requirements prevents him or her from qualifying for full/apportioned relief. Alt v. Commissioner, supra at 313. Respondent focuses on subparagraphs (C) and (D) of section 6015(b)(1) and argues that petitioner meets neither of these requirements. We consider only the first of these two subparagraphs in that we agree with respondent that it has not been met. As to that first subparagraph, subparagraph (C), the Court of Appeals for the Ninth Circuit, the court to which an appeal of this case lies, has held that a spouse such as petitioner has “reason to know” of an understatement if a reasonably prudent taxpayer in her position when she signed thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011