- 8 - Petitioner’s Request For Relief On October 19, 1998, petitioner filed Form 8857, Request for Innocent Spouse Relief, and requested relief from joint and several liability for the interest resulting from a “1989 Amended Tax Return”. Petitioner asserted on Form 8857 that the erroneous item on that return was a “One Time Tax Exclusion on the Gain of a Home Sale” in the amount of $125,000. On February 7, 2002, respondent sent a Notice of Determination Concerning Your Request for Relief from Joint and Several Liability under Section 6015 (notice of determination) to petitioner denying her request for relief from joint and several liability. Respondent determined that petitioner was not eligible for relief from joint and several liability for the unpaid interest because there was no joint liability as a result of Apostle’s not signing the second amended joint return. Alternatively, respondent determined that, even if Apostle were found to be jointly and severally liable, petitioner did not qualify for relief from joint and several liability under section 6015(b), (c), or (f) for the unpaid interest because (1) the gain realized on the sale of the New York apartment and the unpaid interest resulting from that gain’s treatment on the original joint return were entirely attributable to her; (2) she had knowledge or reason to know of the underpayment; (3) she would not suffer economic hardship after paying the unpaid interest, asPage: 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