Diana Van Arsdalen, f.k.a. Diana Murray - Page 5

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          that, notwithstanding section 6013(d)(3), an individual who has             
          made a joint return may elect to seek relief from joint and                 
          several liability arising from that return.  See Cheshire v.                
          Commissioner, 115 T.C. 183, 188-189 (2000), affd. 282 F.3d 326              
          (5th Cir. 2002).                                                            
               Congress vested the Tax Court with jurisdiction to review              
          the Commissioner’s denial of a taxpayer’s election to claim                 
          relief from joint and several liability on a joint return under             
          specified circumstances.  See King v. Commissioner, 115 T.C. 118,           
          121-122 (2000); Corson v. Commissioner, 114 T.C. 354, 363-364               
          (2000).  A taxpayer may seek relief from joint and several                  
          liability on a joint return by raising the matter as an                     
          affirmative defense in a petition for redetermination invoking              
          the Court’s deficiency jurisdiction under section 6213(a).  See             
          Butler v. Commissioner, 114 T.C. 276, 287-289 (2000).  In                   
          addition, a taxpayer may file a so-called stand-alone petition              
          seeking relief from joint and several liability on a joint return           
          where the Commissioner has issued a final determination denying             
          the taxpayer’s claim for such relief or the Commissioner has                
          failed to rule on the taxpayer’s claim within 6 months of its               
          filing.  See sec. 6015(e)(1); Mora v. Commissioner, 117 T.C. 279            
          (2001); Fernandez v. Commissioner, 114 T.C. 324, 329 (2000).                
          Finally, a taxpayer may request relief from joint and several               
          liability on a joint return in a petition for review of a lien or           






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