Estate of Robert J. Capehart, Deceased, Ingrid Capehart, Personal Reprensentative, and Ingrid Capehart - Page 7

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          deficiency on equitable grounds, but only if section 6015(b) and            
          (c) does not apply.                                                         
               Under section 6015(c)(3), if spouses who filed a joint                 
          return are no longer married or are legally separated, then the             
          requesting spouse may elect to limit his/her liability to the               
          portion of the deficiency allocated to him/her as provided in               
          section 6015(d).  The deficiency is determined from the joint               
          return on the basis of the married filing joint return status               
          (the rate elected by the spouses when they filed the joint                  
          return).  The electing spouse generally bears the burden of proof           
          with respect to establishing the portion of any deficiency that             
          is allocable to him/her.  Sec. 6015(c)(2).                                  
               The parties agree that petitioners have a deficiency in                
          their 1994 Federal income tax of $8,225 and are liable for an               
          accuracy-related penalty under section 6662(a) of $507.  They               
          also agree that petitioner qualifies for relief under section               
          6015(c).  The parties disagree as to the amounts of the                     
          deficiency and the penalty for which petitioner is liable                   
          pursuant to section 6015(d).                                                
          A.   Proportionate Allocation Method                                        
               Generally the portion of the deficiency on a joint return              
          allocated to an individual is the amount that bears the same                
          ratio to the deficiency as the net amount of items taken into               
          account in computing the deficiency and allocable to the                    






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