- 20 -
testified that a deposit of $5,658.33 in 1995 was from Mr.
Payne’s sale of old sporting goods at auction. The record
contains copies of the two deposited checks. Neither Mrs. Payne
nor Mr. Payne estimated Mr. Payne’s cost for the items he sold.
The record does not contain any additional evidence of Mr.
Payne’s basis in the items. Petitioners have not met their
burden of proving that the two deposits were not taxable income
to them. Therefore, $3,681 and $30,953.94 in additional bank
deposits are includable in petitioners’ income for 1993 and 1995,
respectively.
VI. Innocent Spouse Relief Under Section 6015
Petitioners argue that Mrs. Payne is entitled to relief from
petitioners’ joint liabilities for 1993, 1994, and 1995 under
section 6015. Married taxpayers who elect to file a joint
Federal income tax return are each jointly and severally liable
for the entire tax due. Sec. 6013(a), (d)(3). A spouse may seek
relief from joint and several liability under section 6015. A
spouse may qualify for relief from liability under section
6015(b), or, if eligible, may allocate liability under section
6015(c). In addition, a spouse may seek equitable relief under
section 6015(f) if relief is not available under section 6015(b)
or (c). Under section 6015(f), respondent has the discretion to
relieve a spouse (or former spouse) of joint liability if, taking
into account all the facts and circumstances, it is inequitable
Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NextLast modified: May 25, 2011