Sam F. Ford and Ingrid D. Ford - Page 28

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          properly to raise the issue of judicial or equitable estoppel, we           
          decline to allow them to raise it now.8                                     
          V.   Section 6015(b) Relief                                                 
               Ms. Ford requests section 6015(b) relief from joint and                
          several liability.  Spouses filing a joint Federal income tax               
          return are generally jointly and severally liable for the tax               
          shown on the return or found to be owing.  Sec. 6013(d)(3);                 
          Butler v. Commissioner, 114 T.C. 276, 282 (2000).  In certain               
          cases, however, an individual filing a joint return may avoid               
          joint and several liability for tax (including interest,                    
          penalties, and other amounts) by qualifying for relief under                
          section 6015.  The three types of relief prescribed in that                 
          section are:  (1) Full or apportioned relief under section                  
          6015(b) (full or apportioned relief), (2) proportionate relief              
          under section 6015(c) (proportionate relief), and (3) equitable             
          relief under section 6015(f) (equitable relief).  Ms. Ford claims           
          entitlement only to relief under section 6015(b).  Ms. Ford bears           


               8 Petitioners would still not prevail even if these issues             
          were properly before us.  Contrary to petitioners’ assertions on            
          this issue, the fact that Marc Ford may have paid tax on the                
          referenced $2.8 million does not mean that respondent is estopped           
          from determining the $2.8 million is rightfully taxed to                    
          petitioners.  Nor would a finding that petitioners were                     
          “prevented” by respondent’s actions from filing an amended return           
          for 1986, on which they would have reported the disputed income,            
          serve to estop respondent from now asserting fraud.  A taxpayer             
          who files a fraudulent return does not purge the fraud by a                 
          subsequent voluntary disclosure.  Badaracco v. Commissioner, 464            
          U.S. 386, 394 (1984).                                                       





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