Myrtle Jean Clark - Page 7

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          provides relief for a portion of an understatement of tax for               
          taxpayers who are separated or divorced; and (3) section 6015(f)            
          more broadly confers on the Secretary discretion to grant                   
          equitable relief for taxpayers who otherwise do not qualify for             
          relief under section 6015(b) or (c).                                        
               A requisite to granting relief under section 6015(b) or (c)            
          is the existence of a tax deficiency.  Sec. 6015(b)(1)(B) and               
          (c)(1); Block v. Commissioner, 120 T.C. 62, 66 (2003).                      
          Therefore, if there is no deficiency for the year for which                 
          relief is sought, relief from joint and several liability is not            
          available under section 6015(b) or (c).  See Washington v.                  
          Commissioner, 120 T.C. 137, 147-148 (2003); see also Block v.               
          Commissioner, supra.  In this case, for the 3 years in question,            
          there are underpayments of taxes arising from filed income tax              
          returns on which the taxes shown on those returns were not paid.            
          There are no deficiencies arising from the issuance by respondent           
          of notices of deficiencies.  Therefore, because there are no tax            
          deficiencies, petitioner is not entitled to relief under section            
          6015(b) or (c).  To that extent, therefore, respondent is                   
          sustained.  However, petitioner falls under the equitable relief            
          provision of section 6015(f).  Section 6015(f) provides:                    

                    SEC. 6015(f).  Equitable Relief.--Under procedures                
               prescribed by the Secretary, if--                                      
                           (1) taking into account all the facts and                  
                    circumstances, it is inequitable to hold the individual           





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