Belinda Landrea Dennard - Page 4

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          of tax of $5,050 for 2000 and offset it against the outstanding             
          joint tax liability for 1997.  In the following year, respondent            
          captured petitioner’s overpayment of tax for 2001 of $437.90, and           
          set it off against the liability for 1997.                                  
               Petitioner signed on May 19, 2003, and the Internal Revenue            
          Service filed on May 21, 2003, a Form 8857, Request for Innocent            
          Spouse Relief (And Separation of Liability and Equitable Relief),           
          referencing an understatement of tax for 1997.  Respondent sent             
          to petitioner a Notice of Determination denying her request,                
          finding her ineligible under section 6015(b), (c), and (f).  At             
          trial, respondent conceded that petitioner is entitled to relief            
          for 1997 under section 6015(b).  Respondent also conceded that              
          petitioner is entitled to a refund of the setoff of the                     
          overpayment for 2001.  Respondent argued, however, that                     
          petitioner is not entitled to a refund of the setoff of her                 
          overpayment for 2000.                                                       
                                     Discussion                                       
               Spouses filing a joint Federal income tax return are jointly           
          and severally liable for all taxes due.  Sec. 6013(d)(3);                   
          Cheshire v. Commissioner, 115 T.C. 183, 188 (2000), affd. 282               
          F.3d 326 (5th Cir. 2002).  Under certain circumstances, however,            
          section 6015 provides relief from this general rule.  Fernandez             









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