Cindy Driggers - Page 4

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          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 law            






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