- 5 - On or about August 2, 2000, petitioner submitted to respondent Form 8857, Request for Innocent Spouse Relief, in which she requested relief from joint and several liability for 1981-1993.5 Petitioner attached a supporting statement to the request in which she summarized the facts and law in support of her request for relief under section 6015(b). Subsequently, by letter dated July 22, 2002, to Debra Brush, the Appeals officer to whom petitioner’s request for section 6015 relief had been assigned, petitioner’s attorney supplemented the facts and legal analysis in support of her request for relief under section 6015(b), (c), or (f). In the July 22 letter, petitioner’s attorney explained in detail the reasons why petitioner was entitled to an allocation of liability under section 6015(c). Among other statements, petitioner’s attorney represented that Mr. Foy had died on June 28, 1993, that petitioner satisfied all of the requirements for relief under section 6015(c), that there was no fraudulent asset transfer, and that petitioner did not have actual knowledge, at the time she signed the joint returns, of the items giving rise to the deficiencies. In the letter, petitioner’s attorney also reminded Appeals Officer Brush that the burden of proof is on the Commissioner to show actual 5The years at issue in this case are 1981 through 1986. The years 1987 through 1993 are not at issue because no deficiencies have been determined or assessed. In addition, petitioner did not file joint returns for 1994 through 1997.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011