- 7 - for the years 1989-94, which the Commissioner considered and denied in 2002. He based his decision on Linda’s having reason to know of the embezzlement and receiving a significant benefit from it. Linda does not appeal his denial of relief for tax years 1989 and 1994--there was neither an understatement nor an underpayment of taxes for those years, one of which must be present for her to qualify for relief under section 6015--but did petition the Tax Court for review of his denial of relief for 1990-93. The case was tried in Lubbock. The Haltoms remain married and have always been residents of Texas. OPINION Spouses who sign joint returns are jointly and severally liable for their accuracy and the full tax shown. See sec. 6013(d)(3). Section 6015, however, provides relief from that liability to qualifying “innocent spouses,” and Linda asks for relief under subsections 6015(b) and (f). These subsections address the same general problem but differ in important ways. Relief under subsection (f) is available for a spouse who shows that "taking into account all the facts and circumstances, it is inequitable to hold [her] liable for any unpaid tax or any deficiency (or any portion of either)." Success in our Court under this subsection depends on proof that the Commissioner abused his discretion in denying relief. Subsection (f) cases rarely depend on one factor alone--even though the CommissionerPage: 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