- 16 - portion of either) attributable to any item for which relief is not available under the preceding sentence, the Secretary may relieve such individual of such liability. A. The Items of Community Income From Petitioner’s Return Fail To Satisfy Section 66(c)(2) Section 66(c)(2) provides that petitioner must not have included in gross income an item of community income properly includable therein, which, in accordance with the rules contained in section 879(a), would be treated as the income of Mr. Bennett. As it relates to the items of community income reflected on her 1998 return ($31,385 of “wages”, $723 of taxable interest, and $2,180 of IRA distributions), petitioner fails to satisfy either of the conditions for relief under section 66(c)(2). The first condition, that petitioner must not “include in gross income for such taxable year an item of community income properly includible therein”, is not satisfied because petitioner’s original 1998 return reported the items of community income from which she seeks relief. Although petitioner subsequently submitted an amended “zero return” claiming no income, this amended return does not negate the filing of the original return. Even if her amended return were sufficient to satisfy the first requirement of section 66(c)(2), petitioner would not satisfy the second requirement that the items of community income “would be treated as the income of the other spouse” inPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011