Timothy J. Glenn - Page 12

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          collection proceeding under sections 6320 and 6330.5  In the                
          instant case, petitioner raised his claim for relief from joint             
          and several liability as an affirmative defense in a petition for           
          redetermination of a deficiency filed pursuant to section                   
          6213(a).                                                                    
               A.   Section 6015                                                      
               As a general rule, married taxpayers may elect to file a               
          joint Federal income tax return.  Sec. 6013(a).  After making the           
          election, each spouse generally is jointly and severally liable             
          for the entire tax due for that taxable year.  Sec. 6013(d)(3).             
          In certain situations, however, a joint return filer can avoid              
          such joint and several liability by qualifying for relief                   
          therefrom under section 6015.6                                              
               Section 6015 provides three avenues for obtaining relief to            
          a taxpayer who has filed a joint return:  (1) Section 6015(b)               
          provides full or apportioned relief with respect to                         
          understatements of tax attributable to certain erroneous items on           


          5Additionally, we have held that we may address a claim for                 
          relief from joint and several liability pleaded as an affirmative           
          defense in a matter properly before this Court under sec. 6404              
          (relating to the Commissioner’s determination not to abate                  
          interest).  Estate of Wenner v. Commissioner, 116 T.C. 284, 288             
          (2001).                                                                     
          6Sec. 6015 was enacted as part of the Internal Revenue                      
          Service Restructuring and Reform Act of 1998, Pub. L. 105-206,              
          sec. 3201, 112 Stat. 734.  Before the enactment of sec. 6015,               
          relief from the imposition of joint and several liability for               
          spouses filing joint returns was available under sec. 6013(e).              





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