Paul Bi-Yang Chen and Chiu-Mei Chen - Page 10

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          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 was               






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