Mildred L. Jones - Page 5

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          of 1998 (RRA), Pub. L. 105-206, sec. 3201(a), 112 Stat. 732.                
          Section 6015 applies to any tax liability from a joint return               
          arising after July 22, 1998, or any tax liability arising on or             
          before July 22, 1998, that remains unpaid as of such date.  RRA             
          sec. 3201(g)(1), 112 Stat. 740.                                             
               Prior to the enactment of section 6015, the only avenue for            
          relief from joint and several liability was through the former              
          section 6013(e).2  Section 6013(e) was repealed when section 6015           
          was enacted.  RRA sec. 3201(e), 112 Stat. 740.  For a detailed              
          discussion of the legislative history of section 6015 and its               
          predecessor section 6013(e), see Cheshire v. Commissioner, 115              
          T.C. 183, 188-189 (2000), affd. 282 F.3d 326 (5th Cir. 2002).               
               In the present case, petitioner’s tax liabilities for 1994             
          and 1995 were paid in full on February 3, 1998, which is prior to           
          the effective date of section 6015.  Consequently, petitioner is            
          not entitled to relief under section 6015, and her sole avenue              
          for relief is under the former section 6013(e).                             
               Under the former section 6013(e), a claim in this Court for            
          relief from joint liability was pleaded as an affirmative defense           


               2  The former sec. 6013(e) provided the following four                 
          requirements: (1) A joint return was filed for the year at issue;           
          (2) the return contained a substantial understatement of tax                
          attributable to grossly erroneous items of the other spouse; (3)            
          the spouse seeking relief establishes that, in signing the                  
          return, he or she did not know, and had no reason to know, of the           
          substantial understatement; and (4) it would be inequitable to              
          hold the spouse seeking relief liable for the substantial                   
          understatement.                                                             




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