Barbara Drake - Page 5

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          that, notwithstanding section 6013(d)(3), an individual who has             
          made a joint return may elect to seek relief from joint and                 
          several liability on that return.  For a detailed discussion of             
          the legislative history of section 6015 (and its predecessor,               
          section 6013), see Cheshire v. Commissioner, 115 T.C. 183, 188-             
          189 (2000), affd. 282 F.3d 326 (5th Cir. 2002).                             
               Congress vested the Court with jurisdiction to review a                
          taxpayer’s election to claim relief from joint and several                  
          liability on a joint return under specified circumstances.  See             
          King v. Commissioner, 115 T.C. 118, 121-122 (2000); Corson v.               
          Commissioner, 114 T.C. 354, 363-364 (2000).  A taxpayer may seek            
          relief from joint and several liability on a joint return by                
          raising the matter as an affirmative defense in a petition for              
          redetermination invoking the Court’s deficiency jurisdiction                
          under section 6213(a).  See Butler v. Commissioner, 114 T.C. 276,           
          287-288 (2000).  In addition, a taxpayer may file a so-called               
          stand-alone petition seeking relief from joint and several                  
          liability on a joint return where the Commissioner has issued a             
          final determination denying the taxpayer’s claim for such relief            
          or the Commissioner has failed to rule on the taxpayer’s claim              
          within 6 months of its filing.  See sec. 6015(e)(1); Mora v.                
          Commissioner, 117 T.C. 279 (2001); Fernandez v. Commissioner, 114           
          T.C. 324 (2000).  Finally, a taxpayer may request relief from               
          joint and several liability on a joint return in a petition for             






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