Helen E. Foy - Page 16

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               1.   Section 6015(c)                                                   
               Under section 6015(c), if the requesting spouse is no longer           
          married to,8 or is legally separated from, the spouse with whom             
          she filed the joint return, the requesting spouse may elect to              
          limit her liability for a deficiency as provided in section                 
          6015(d).  Sec. 6015(c)(1), (3)(A)(i)(I).  The election under                
          section 6015(c) must be made no later than 2 years after the                
          Secretary9 has begun collection activities with respect to the              
          electing spouse.  Sec. 6015(c)(3)(B).                                       
               In general, section 6015(d) provides that any item giving              
          rise to a deficiency on a joint return shall be allocated to each           
          spouse as though they had filed separate returns, and the                   
          requesting spouse shall be liable only for her proportionate                
          share of the deficiency that results from such allocation.  Sec.            
          6015(d)(1), (3)(A).  To the extent that the item giving rise to             
          the deficiency provided a tax benefit on the joint return to the            
          other spouse, the item shall be allocated to the other spouse in            




               8A requesting spouse is no longer married if she is widowed.           
          Rosenthal v. Commissioner, T.C. Memo. 2004-89.                              
               9The term “Secretary” means “the Secretary of the Treasury             
          or his delegate”, sec. 7701(a)(11)(B), and the term “or his                 
          delegate” means “any officer, employee, or agency of the Treasury           
          Department duly authorized by the Secretary of the Treasury                 
          directly, or indirectly by one or more redelegations of                     
          authority, to perform the function mentioned or described in the            
          context”, sec. 7701(a)(12)(A).                                              




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Last modified: May 25, 2011