- 8 - relief contemplated by subsections (b), (c), and (f), of section 6015. In addition to other determinations made in the above- referenced notice of deficiency dated May 29, 2002, respondent determined that petitioner was not entitled to relief under section 6015. Discussion A. Duress Subject to a variety of conditions and limitations not relevant here, spouses “may make a single return jointly of income taxes”. Sec. 6013(a). If for any year they do, then “the tax shall be computed on the aggregate income and the liability with respect to the tax shall be joint and several.” Sec. 6013(d)(3). Petitioner and intervenor signed and filed a joint 1998 Federal income tax return. Petitioner now claims that she should not be held liable for the subsequently determined deficiency resulting from an examination of that return because she signed that return under duress. If what purports to be a joint Federal income tax return is signed under duress by a taxpayer, the document does not constitute a joint return, joint and several liability for the tax reported on the return does not arise, and this Court has jurisdiction to redetermine the taxpayer’s liability on the basisPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011