- 13 - F.3d 1030, 1035 (8th Cir. 2005), affg. T.C. Memo. 2003-212. Petitioner’s Claim for Innocent Spouse Relief: Section 6015(b) Although the final notice of determination did not specifically mention section 6015(b), we believe that it was respondent’s intent, as reflected in the report of the Appeals officer accompanying the notice, to deny relief under section 6015(b) as well as section 6015(f). See Aranda v. Commissioner, 432 F.3d 1140, 1144 (10th Cir. 2005) (“We are not concerned with legalities, but with intent.”), affg. T.C. Memo. 2003-306. We believe that the omission in the final notice of determination was a result of careless drafting. Therefore, we review respondent’s determination under section 6015(b) and (f).3 To qualify for relief from joint and several liability under section 6015(b), a taxpayer must establish: (A) a joint return has been made for a taxable year; (B) on such return there is an understatement of tax attributable to erroneous items of 1 individual filing the joint return; (C) the other individual filing the joint return establishes that in signing the return he or she did not know, and had no reason to know, that there was such understatement; 3Petitioner does not argue that she suffered any prejudice as a result of this omission. The petition seeks this Court’s review under sec. 6015(b) and (f), and respondent does not contest such review. However, since we have decided petitioner is entitled to relief under sec. 6015(b), it is unnecessary for us to analyze whether petitioner is entitled to relief under sec. 6015(f).Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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