- 39 - A. Full/Apportioned Relief Section 6015(b) provides full/apportioned relief from joint liability on a joint return to the extent that the liability is attributable to an understatement of tax. To be eligible for this relief, a requesting spouse needs to satisfy the following five elements of section 6015(b)(1): (A) a joint return has been made for a taxable year; (B) on such return there is an understatement of tax attributable to erroneous items of 1 individual filing the joint return; (C) the other individual filing the joint return establishes that in signing the return he or she did not know, and had no reason to know, that there was such understatement; (D) taking into account all the facts and circumstances, it is inequitable to hold the other individual liable for the deficiency in tax for such taxable year attributable to such understatement; and (E) the other individual [timely] elects (in such form as the Secretary may prescribe) the benefits of this subsection * * *. The requesting spouse’s failure to meet any one of these requirements prevents him or her from qualifying for full/apportioned relief. Alt v. Commissioner, supra at 313. Respondent concedes that the requirements of subparagraphs (A) and (E) have been met and argues that petitioner does not meet the requirements set forth in the remaining three subparagraphs. On the basis of our findings, we agree with respondent that petitioner does not qualify for full/apportionedPage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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