- 4 - offset). At or about that time, respondent sent petitioner a letter notifying her of the offset. This letter was not in respondent’s administrative file and is not a part of the record, but based on petitioner’s testimony and the parties’ agreement at trial, this notice is consistent with a similar notice petitioner received on August 13, 2001. Neither of the notices sent to petitioner regarding the offset advised petitioner of her potential rights to relief under section 6015. As a result, petitioner was unaware of those rights until she hired an attorney in late 2001 after a problem arose with her credit rating because a notice of Federal tax lien had been filed on her residence. On February 17, 2002, petitioner filed with respondent an executed Form 8857 with respect to the 1997 liability. Discussion Section 6013(d)(3) provides that married individuals who file a joint return are jointly and severally liable for the tax arising from the return. Section 6015 provides that notwithstanding section 6013(d)(3), an individual who filed a joint return may seek relief from joint liability under three specific alternatives set forth in subsections (b), (c), and (f) of section 6015. This case only involves a request for relief under subsection (f), which provides that the Secretary may relieve an individual of joint liability if subsections (b) andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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