- 3 - 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. FernandezPage: Previous 1 2 3 4 5 6 7 Next
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