Patricia A. Hendricks and John J. Hendricks - Page 10

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               The Hendrickses have made payments totaling approximately              
          $110,150 against the balance due on their 1983 tax liabilities.             
          The deficiency attributable to Mr. Hendricks’s investment in                
          Boulder Oil and Gas for 1983 was $63,176.  After accounting for             
          the payments previously made, the Hendrickses’ current balance              
          due for 1983 is approximately $300,000.                                     
               The main source of the Hendrickses’ current income consists            
          of monthly Social Security checks and approximately $1,000 in               
          rental income per month from the remaining condominiums.  The               
          Hendrickses’ monthly living expenses exceed their income by about           
          $1,100.  They are able to meet their living expenses only through           
          financial assistance from their children.                                   
               Pursuant to section 6330, petitioner sought relief from                
          respondent’s notice of determination sustaining the proposed                
          collection action.  Section 6330 allows a taxpayer to raise                 
          appropriate spousal defenses under section 6015.  Sec.                      
          6330(c)(2)(A)(i); sec. 301.6330-1(e)(2), Proced. & Admin. Regs.             
               Generally, married taxpayers may elect to file a joint                 
          Federal income tax return.  Sec. 6013(a).  After making the                 
          election, each spouse is jointly and severally liable to pay the            
          entire tax due.  Sec. 6013(d)(3).  A spouse (requesting spouse)             
          may, however, seek relief from joint and several liability under            
          section 6015(b), or if eligible, may allocate liability according           

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Last modified: May 25, 2011