- 8 - disallowed employee business expenses. She does not qualify for relief under section 6015(c) because she is still married to Mr. Applegate. See sec. 6015(c)(3). Thus, the Court begins its analysis with section 6015(b). A. Section 6015(b) Section 6015(b) provides relief from joint and several liability for tax (including interest, penalties, and other amounts) to the extent that such liability is attributable to an understatement of tax. To be eligible for relief, the requesting spouse must 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 an 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 [makes a valid election] * * * Respondent does not appear to dispute that Ms. Wang satisfies two elements of section 6015(b); namely, thosePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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