Michael R. Motsko, Petitioner, and Cheryl Manns, Intervenor - Page 7

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          returns jointly.  Sec. 6013(a).1  If they do, both are                      
          responsible for the return’s accuracy, and both are jointly and             
          severally liable for the entire tax due.  Sec. 6013(d)(3); Butler           
          v. Commissioner, 114 T.C. 276, 282 (2000).                                  
               This can lead to harsh results, and so section 6015 lets a             
          spouse ask for relief from joint and several liability on three             
          grounds.  Section 6015(b) lets a spouse seek relief if he can               
          show that he neither knew, nor had reason to know, of an                    
          understatement on the return; section 6015(c) lets divorced or              
          separated spouses split their tax liability.  Both these                    
          provisions, however, require that the liability in question arise           
          from a “deficiency,” meaning that a couple has underreported                
          their taxable income.  In tax years 1986 through 1992, Manns did            
          understate their joint income.  Motsko knew nothing about it, and           
          the Commissioner granted him relief for those years under section           
          6015(b).                                                                    
               Tax years 1993 and 1996 are a different story.  For those              
          years, there was no deficiency--the problem Motsko faced was that           
          part of the tax due went unpaid.  That left him able to seek                
          relief only under section 6015(f), because that section allows              
          relief where “it is inequitable to hold the individual liable for           
          any unpaid tax or any deficiency (or any portion of either).”               


               1 Unless otherwise indicated, all section references are to            
          the Internal Revenue Code as in effect for the year at issue.               





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