- 6 - 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 otherPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011