- 28 - 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).Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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