Quentin Paul DeFore - Page 7

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          Commissioner, 115 T.C. 183, 188 (2000), affd. 282 F.3d 326 (5th             
          Cir. 2002).  Furthermore, agreements between spouses with respect           
          to how liability for tax deficiencies is to be shared are not               
          binding on this Court.  Pesch v. Commissioner, 78 T.C. 100, 129             
          (1982)(citing Bruner v. Commissioner, 39 T.C. 534, 537 (1962);              
          Neeman v. Commissioner, 13 T.C. 397, 399 (1949), affd. per curiam           
          200 F.2d 560 (2d Cir. 1952); Casey v. Commissioner, 12 T.C. 224,            
          227 (1949); Bonner v. Commissioner, T.C. Memo. 1979-435;                    
          Ballenger v. Commissioner, T.C. Memo. 1955-171).  Therefore, one            
          spouse is not relieved of liability merely because the other                
          spouse agreed to be responsible.  Ballenger v. Commissioner,                
          supra.  Petitioner’s divorce decree, therefore, is not binding on           
          the Tax Court.  However, relief from joint and several liability            
          is available to certain taxpayers under section 6015.  There are            
          three avenues for relief available under this section–-section              
          6015(b), (c), (f).  Neither party disputes that, in this case,              
          the requirements of subparagraphs (A), (B), and (E) of section              
          6015(b)(1) have been satisfied.  The dispute is whether the                 
          requirements of subparagraphs (C) and (D) of section 6015(b)(1)             
          have been met.                                                              
               The first avenue for relief is section 6015(b).  Under                 
          section 6015(b), the Court may grant a taxpayer full or                     
          apportioned relief from joint and several liability for an                  
          understatement of tax on a joint return if, among other                     






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