Alicia M. Elias - Page 5

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          petitioner in this case to be bound by the outcome in the case of           
          Mr. Elias, the deficiency in this case is not at issue.  The sole           
          issue is whether petitioner is entitled to relief from joint                
          liability under section 6015 for the deficiency of $7,977 for tax           
          year 1999.  A notice of filing of petition and right to                     
          intervene, mandated by Rule 325(a), was served by respondent on             
          Mr. Elias.  King v. Commissioner, 115 T.C. 118 (2000).  Mr. Elias           
          has not intervened in this case, nor was he a witness at trial.             
          The sole issue heard at trial was petitioner’s section 6015 claim           
          for relief.                                                                 
               Generally, married taxpayers may elect to file jointly a               
          Federal income tax return.  Sec. 6013(a).  Each spouse is jointly           
          and severally liable for the entire tax due.  Sec. 6013(d)(3).  A           
          spouse (requesting spouse) may, however, seek relief from joint             
          and several liability under section 6015(b) or, if eligible, may            
          seek an allocation of liability under section 6015(c).  Sec.                
          6015(a).  If relief is not available under section 6015(b) or               
          (c), a requesting spouse may seek equitable relief under section            
          6015(f).  Sec. 6015(f)(2).                                                  
               A prerequisite 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, 65-66 (2003).                   
          Consequently, if there is no deficiency for the year for which              
          relief is sought, relief from joint and several liability is not            






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