- 7 - Discussion In general, section 6013(a) allows spouses to elect to file a joint Federal income tax return even though one has neither income nor deductions. Subject to various conditions and limitations, the election is available even after an individual return has been filed by one, or both of the spouses. Sec. 6013(b). If for any year spouses elect to file a joint return, then each spouse is charged with the knowledge of the information reported on the return, and each spouse is jointly and severally liable for the entire tax due for that year. Sec. 6013(d)(3); Butler v. Commissioner, 114 T.C. at 282. Subject to various conditions and in a variety of ways, an individual who has made a joint return may elect to seek relief from the joint and several liability arising from that joint return. Sec. 6015. In this case, petitioner seeks relief from liabilities reported on the 1995, 1996, and 1997 joint returns that she filed with her former spouse. Consequently, she is entitled to relief only as provided in section 6015(f), which allows relief from joint and several liability if “it is inequitable to hold the individual liable for any unpaid tax,” and the individual is not entitled to relief under other provisions of section 6015. Sec. 6015(f)(1); Washington v. Commissioner, 120 T.C. 137, 146-147 (2003).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011