- 8 - the provisions of section 6015 and the regulations and procedures thereunder, and the taxpayer must submit the claim “in writing according to rules prescribed by the Commissioner or the Secretary.” Sec. 301.6330-1(e)(2), Proced. & Admin. Regs. Section 6015 provides three types of relief from joint and several liability: (1) Full or apportioned relief under section 6015(b) if, among other requirements, the requesting spouse “establishes that in signing the return he or she did not know, and had no reason to know” of an understatement of tax; (2) proportionate tax relief under section 6015(c) for a requesting spouse who is divorced or legally separated or has not been a member of the same household as the nonrequesting spouse for the preceding 12 months; and (3) equitable relief under section 6015(f) for a requesting spouse not eligible for relief under either section 6015(b) or (c). On his Form 12153, petitioner stated that he was entitled to the benefits of a spousal defense of the type provided for in section 6015(c) for a spouse who is divorced, legally separated, or no longer a member of the same household as the other spouse for at least 12 months. The requesting spouse is required to elect the application of section 6015(c) not later than 2 years after the date on which collection activities have begun with respect to the requesting spouse. Sec. 6015(c)(1), (3)(B). Once a valid section 6015(c) election is in effect, the spouses’ jointPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011