- 3 - Background Petitioner timely filed a petition requesting a review of respondent’s denial of her request for equitable relief under section 6015(f) following respondent’s denial of such relief in a notice of determination issued on November 22, 2002. Respondent denied relief solely because petitioner’s Form 8857, Request for Innocent Spouse Relief (And Separation of Liability and Equitable Relief), was untimely. Respondent argues that the 2-year period began with the first collection activity on May 17, 1999. At the time the petition was filed, petitioner resided in Birmingham, Alabama. Petitioner and her former spouse filed a joint Federal income tax return for 1997 (the return). The return was dated October 14, 1998. The return showed a joint tax liability of $11,252. The only payment made regarding this liability was the withholding from petitioner’s earnings as a teacher in the amount of $3,137, leaving an unpaid liability of $8,328. Petitioner’s former spouse was a self-employed veterinarian and no estimated tax payments were made regarding his business income. The unpaid liability for 1997 and related additions to tax and interest are the source of the present dispute. On May 17, 1999, respondent withheld a $291 refund petitioner claimed on her 1998 individual Federal income tax return to partially offset the unpaid 1997 joint liability (thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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