Philip Cullen - Page 7

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          (2000).  A spouse (requesting spouse) may, however, seek relief             
          from joint and several liability by following procedures                    
          established in section 6015.  Sec. 6015(a).  Except as otherwise            
          provided in section 6015, petitioner bears the burden of proof.             
          Rule 142(a); Jonson v. Commissioner, 118 T.C. 106, 113 (2002),              
          affd. 353 F.3d 1181 (10th Cir. 2003).2                                      
               Section 6015 provides three potential paths of relief from             
          joint and several liability if certain statutory requirements are           
          met.  First, section 6015(b)(1) allows for traditional relief               
          from joint and several liability following the model of former              
          section 6013(e).  Second, section 6015(c) provides for an                   
          allocation of liability for a deficiency as if the spouses had              
          filed separate returns.  Third, section 6015(f) confers                     
          discretion upon the Secretary to grant equitable relief in                  
          situations where relief is unavailable under section 6015(b) or             
          (c).                                                                        
          III. Relief Under Section 6015(b)                                           
               Section 6015(b) provides:                                              
                    SEC. 6015(b).  Procedures for Relief From                         
               Liability Applicable to All Joint Filers.--                            
                         (1) In general.--Under procedures prescribed                 
                    by the Secretary, if--                                            
                              (A) a joint return has been made for a                  
                         taxable year;                                                

               2 Petitioner has not contended that sec. 7491 applies to               
          this case.                                                                  





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