T.C. Memo. 2004-89 UNITED STATES TAX COURT CATHERINE ROSENTHAL, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 2601-01. Filed March 26, 2004. P and H filed a joint 1996 Federal income tax return on which H failed to report a taxable distribution from his individual retirement account (IRA). P was not aware of the existence of the IRA distribution at the time the 1996 return was filed. The omission was discovered in 1998 and, on Nov. 22, 1998, after H’s death on Sept. 1, 1998, P filed an amended 1996 return and paid the additional tax attributable to the omitted income. P also paid the interest on the additional tax on Feb. 10, 1999. P claimed relief from joint liability for the additional tax under sec. 6015(b), (c), and (f), I.R.C. Her claim was denied by R. P timely filed a petition with this Court pursuant to sec. 6015(e), I.R.C., seeking review of R’s denial of innocent spouse relief. 1. Held, because there is no tax deficiency, P is ineligible for relief under sec. 6015(b) and (c), I.R.C.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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