- 11 -
Section 6015(b) provides relief from joint and several
liability for tax (including interest, penalties, and other
amounts) where: (1) A joint return has been made for a taxable
year; (2) on such return there is an understatement of tax
attributable to erroneous items of one individual filing the
joint return; (3) 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;
(4) taking into account all the facts and circumstances, it is
inequitable to hold the other individual liable for the
deficiency in tax for the taxable year attributable to the
understatement; and (5) the other individual makes a valid
election. Sec. 6015(b)(1). Section 6015(c) allows a taxpayer,
who is eligible and so elects, to limit his or her liability to
the portion of a deficiency that is properly allocable to the
taxpayer as provided in section 6015(d). Sec. 6015(c)(1).
Relief from joint and several liability under subsection (b)
or (c) of section 6015 is premised on the existence of a
deficiency for the year for which relief is sought. Sec.
6015(b)(1)(D), (c)(1); see H. Conf. Rept. 105-599, at 252-254
(1998), 1998-3 C.B. 747, 1006-1008. Consequently, if there is no
deficiency for the year for which relief is sought, relief from
joint and several liability is not available under either
subsection. See Washington v. Commissioner, 120 T.C. 137, 146-
147 (2003); see also Hopkins v. Commissioner, 121 T.C. 73, 88
Page: 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