Estate of Robert J. Capehart, Deceased, Ingrid Capehart, Personal Reprensentative, and Ingrid Capehart - Page 6

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               Respondent did not refund the $5,688 overpayment reflected             
          on the joint return but instead issued a “pre-filing notification           
          letter” that the refund was “suspended”.                                    
               Respondent issued petitioner and Mr. Capehart a notice of              
          deficiency dated March 28, 1997.  In the notice of deficiency,              
          respondent, inter alia, disallowed the $37,239 loss claimed on              
          Form 4797, Sale of Business Property (the Form 4797 loss), and              
          the $4,183 theft loss claimed on the return.  Petitioners now               
          agree that they are not entitled to deduct these losses in 1994.            
          The Form 4797 loss and the theft loss are related to petitioner’s           
          and Mr. Capehart’s participation in a partnership formed,                   
          promoted, and operated by Walter J. Hoyt III.  These losses are             
          attributable equally to petitioner and Mr. Capehart.                        
                                     Discussion                                       
               As a general rule, spouses filing joint Federal income tax             
          returns are jointly and severally liable for all taxes due.  Sec.           
          6013(d)(3).  Section 6015 provides three alternative grounds for            
          granting relief from joint and several liability.  First, section           
          6015(b) provides for traditional relief from joint and several              
          liability for a tax deficiency following the model of former                
          section 6013(e).  Second, section 6015(c) provides for an                   
          allocation of liability for a tax deficiency.  Finally, section             
          6015(f) provides for relief from liability for any unpaid tax or            







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