- 14 - (D) taking into account all the facts and circumstances, it is inequitable to hold the other individual liable for the deficiency in tax for such taxable year attributable to such understatement; and (E) the other individual elects * * * the benefits of this subsection not later than the date which is 2 years after the date the Secretary has begun collection activities with respect to the individual making the election * * *. Because these requirements are stated in the conjunctive, a requesting spouse must satisfy each requirement to qualify for relief from joint and several liability under section 6015(b). Alt v. Commissioner, supra at 313. Respondent concedes that petitioner meets the three requirements of subparagraphs (A), (B), and (E). Thus, we shall address only the application of section 6015(b)(1)(C) and (D). 1. Section 6015(b)(1)(C): Know or Reason To Know A spouse seeking relief under section 6015(b) must not have known or had reason to know at the time of signing a joint return that there was an understatement of tax on the return. Sec. 6015(b)(1). The general rule in an omission of income case is that the relief-seeking spouse knew or had reason to know of an understatement of tax if she knew of the transaction that gave rise to the understatement. Erdahl v. Commissioner, 930 F.2d 585, 589 (8th Cir. 1991), revg. T.C. Memo. 1990-101; Jonson v. Commissioner, supra at 115. However, in deduction cases, the Court of Appeals for the Eighth Circuit has adopted a differentPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011