- 9 - A taxpayer may seek relief from joint and several liability by raising the matter as an affirmative defense in a petition for redetermination invoking this Court’s deficiency jurisdiction under section 6213(a) or, as in this case, by filing a so-called stand-alone petition challenging the Commissioner’s final determination denying the taxpayer’s claim for such relief (or his failure to rule on the taxpayer’s claim within 6 months of its filing). See sec. 6015(e)(1); Maier v. Commissioner, 119 T.C. 267, 270-271 (2002), affd. 93 AFTR2d 2002-1139 (2d Cir. 2004); Ewing v. Commissioner, 118 T.C. 494, 496-497 (2002).4 In the petition, petitioner seeks relief under all three of the available relief provisions: section 6015(b), (c), and (f). The essence of petitioner’s claim is that she should be relieved of liability for the tax and interest occasioned by the reporting of the IRA distribution. Respondent argues that, because petitioner has paid the additional tax attributable to the IRA distribution, “there is no understatement, deficiency or underpayment to which relief under * * * [section] 6015 is applicable.” Except as otherwise provided in section 6015, petitioner bears the burden of proof. See Rule 142(a). 4 A taxpayer may also request relief from joint and several liability on a joint return in a petition for review of a lien or levy action. See secs. 6320(c), 6330(c)(2)(A)(i); Maier v. Commissioner, 119 T.C. 267, 271 (2002), affd. 93 AFTR2d 2002-1139 (2d Cir 2004).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011