- 4 - the record, during the period April 15, 1993 through 1999, that reflect communications by petitioner to respondent. On December 18, 2000, petitioner filed Form 8857, Request for Innocent Spouse Relief, for 1979. Respondent issued a letter dated December 10, 2001, in which petitioner was advised that (1) she was entitled to relief under section 6015(b); and (2) she was not entitled to a refund of the payment made April 15, 1993, since any refund was limited to payments made within the 2 years immediately preceding the date of filing the Form 8857. Petitioner disagreed with respondent and requested review by the IRS Appeals Office. After review, the IRS Appeals Office issued a Notice of Determination dated February 10, 2003, reiterating the position described above. A timely petition was filed in response to the notice of determination. Discussion Spouses filing a joint Federal income tax return are jointly and severally liable for all taxes due. Sec. 6013(e); Cheshire v. Commissioner, 115 T.C. 183, 188 (2000), affd. 282 F.3d 326 (5th Cir. 2002). Under certain circumstances, however, section 6015 provides relief from this general rule. Fernandez v. Commissioner, 114 T.C. 324, 326-328 (2000). In fact, respondent determined that petitioner is entitled to relief under section 6015(b). However, section 6015(g)(1) provides that in general a credit or refund shall be allowed “notwithstanding any other lawPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011