Louise Demirjian - Page 11

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               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               




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