- 38 - circumstances, it is inequitable to hold the other individual liable for the deficiency in tax for such taxable year attributable to such understatement; and (E) the other individual elects (in such form as the Secretary may prescribe) the bene- fits of this subsection not later than the date which is 2 years after the date the Sec- retary has begun collection activities with respect to the individual making the election, * * * Section 6015(b)(1) is similar to section 6013(e)(1). We may look at cases interpreting section 6013(e)(1) for guidance when analyzing parallel provisions of section 6015. See Jonson v. Commissioner, 118 T.C. at 119. The failure by a spouse requesting relief (requesting spouse) under section 6015(b) to satisfy any of the requirements of that section prevents such spouse for qualify- ing for such relief. Alt v. Commissioner, 119 T.C. 306, 313 (2002), affd. 101 Fed. Appx. 34 (6th Cir. 2004). The parties agree that petitioner satisfies section 6015(b)(1)(A) and (E). Petitioner contends, and respondent disputes, that she satisfies section 6015(b)(1)(B), (C), and (D). Section 6015(b)(1)(B) In order to satisfy section 6015(b)(1)(B), petitioner must establish that there is an understatement of tax for each of the taxable years 1989, 1991, 1992, and 1993 that is attributable to erroneous items of Mr. Monsour. It is petitioner’s position that The testimony of * * * [Mr. Monsour and Mr. Laubach] delineated the issues before the Court that led to the understatements [sic] for each year * * *. AllPage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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