- 12 - OPINION Generally, married taxpayers may elect to file a joint Federal income tax return. Sec. 6013(a). Section 6013(d)(3) provides that taxpayers filing a joint return are jointly and severally liable for all taxes due. However, under certain circumstances, section 6015 provides relief to taxpayers seeking to be relieved from joint and several liability. Section 6015 offers three types of relief: (1) Full or partial relief under section 6015(b); (2) proportionate relief under section 6015(c); and (3) equitable relief under section 6015(f). Petitioner seeks relief from joint and several liability under section 6015(b), or in the alternative, section 6015(f). We have jurisdiction to determine whether equitable relief is available to petitioner for the deficiency in tax shown on her joint return. See Ewing v. Commissioner, 118 T.C. 494, 502 (2002). The taxpayer who files a petition under section 6015(e) generally bears the burden of proof with certain exceptions not applicable in this case. Rule 142(a); Alt v. Commissioner, 119 T.C. 306, 311 (2002), affd. 101 Fed. Appx. 34 (6th Cir. 2004); Jonson v. Commissioner, 118 T.C. 106, 113 (2002), affd. 353 F.3d 1181 (10th Cir. 2003); Baumann v. Commissioner, T.C. Memo. 2005-31. However, the burden of proof issue does not influence the outcome of this case because our decision is based on the preponderance of the evidence. See Blodgett v. Commissioner, 394Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011