- 2 - relief from joint and several liability under section 6015.1 The Court has sua sponte raised the question of whether the case should be dismissed for lack of jurisdiction. Background Some of the facts have been stipulated and are so found. The stipulations of the parties, with accompanying exhibits, are incorporated herein by this reference. At the time the petition in this case was filed, petitioner resided in Cape Coral, Florida. Prior to his death on November 16, 1999, petitioner was married to Julio C. Banderas (Dr. Banderas). Petitioner and Dr. Banderas filed a joint Form 1040, U.S. Individual Income Tax Return, for 1997. Petitioner also filed a joint Form 1040 for 1999 as a surviving spouse. Both returns reflected a balance due and were not accompanied by full payment. In June of 2003, petitioner submitted to the Internal Revenue Service (IRS) a Form 8857, Request for Innocent Spouse Relief. Petitioner sought relief for underpayments of tax for 1997 and 1999 under section 6015(f). On March 3, 2005, the IRS issued to petitioner a notice of determination denying her request for section 6015(f) relief. Petitioner filed a timely 1 Unless otherwise indicated, section references are to the Internal Revenue Code of 1986, as amended.Page: Previous 1 2 3 4 Next
Last modified: May 25, 2011