Kirsten Nelson, a.k.a. Kirsten E. Hillstrom - Page 6

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          (c)(1)2; Block v. Commissioner, 120 T.C. 62, 66 (2003).                     
          Consequently, if there is no deficiency for the year for which              
          relief is sought, relief from joint and several liability is not            
          available under either subsection.  See Washington v.                       
          Commissioner, 120 T.C. 137, 146-47 (2003); see also Hopkins v.              
          Commissioner, 121 T.C. 73, 88 (2003); Block v. Commissioner,                
          supra; Ewing v. Commissioner, 118 T.C. 494, 497-498 n.4 (2002).             



               2  Sec. 6015(b) and (c) provides in part:                              
                    SEC. 6015(b). Procedures for Relief from Liability                
               Applicable to All Joint Filers.--                                      
                         (1) In General.--Under procedures prescribed by              
                    the Secretary, if–                                                
                         *    *    *    *    *    *    *                              
                              (B) on such return there is an                          
                         understatement of tax attributable to erroneous              
                         items of 1 individual filing the joint return;               
                              *    *    *    *    *    *                              
                    (c). Procedures to Limit Liability for Taxpayers No               
               Longer Married or Taxpayers Legally Separated or Not Living            
               Together.--                                                            
                         (1) In General.--Except as provided in this                  
                    subsection, if an individual who has made a joint                 
                    return for any taxable year elects the application of             
                    this subsection, the individual’s liability for any               
                    deficiency which is assessed with respect to the return           
                    shall not exceed the portion of such deficiency                   
                    properly allocable to the individual under subsection             
                    (d).                                                              







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