- 10 - liability for the deficiency. Section 6015 allows relief from joint and several liability on three grounds: subsection (b) lets a spouse seek relief if she can show that she neither knew, nor had reason to know, of an understatement on the return; subsection (c) lets divorced or separated spouses split their tax liability; and subsection (f) allows relief where “it is inequitable to hold the individual liable for any unpaid tax or any deficiency (or any portion thereof).” Mrs. Chen’s first problem is section 1.6015-1(d), Income Tax Regs., applicable to all these subsections. It provides: If the Secretary establishes that a spouse transferred assets to the other spouse as part of a fraudulent scheme, relief is not available under section 6015 * * *. For purposes of this section, a fraudulent scheme includes a scheme to defraud the Service or another third party * * * We hold that this section alone supports the Commissioner’s refusal to grant Mrs. Chen innocent spouse relief under any subsection of section 6015--Mrs. Chen admitted, after all, to helping to defraud Chubb, “another third party.” As alternative grounds, however, we discuss each of the two subsections that Mrs. Chen relies on. A. Section 6015(b) Relief Section 6015(b) requires, among other elements, the spouse asking for relief to prove that “in signing the return, * * * [she] did not know, and had no reason to know, that there wasPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011