- 5 - gambling winnings or the amount of the distribution from Mr. Rodriguez’s IRA account. Petitioner also asserts that she has no knowledge of the tax laws. Respondent asserts that petitioner, who was granted relief under section 6015(c), is not entitled to additional relief under section 6015(f) from liability for tax on the $4,002 gambling income and $15,500 IRA distribution, primarily because she had actual knowledge of both amounts. At trial, respondent asserted that petitioner could not be considered for relief under section 6015(f), since she had been granted partial relief under section 6015(c). In a supplemental memorandum respondent conceded that petitioner could be considered for relief under such circumstances. Nevertheless, respondent asserts that, taking into consideration all the factors under section 6015(f), petitioner is not entitled to relief. Discussion Generally, married taxpayers may elect to file a joint Federal income tax return. Sec. 6013(a). After making the election, each spouse is jointly and severally liable for the entire tax due. Sec. 6013(d)(3). A spouse may seek relief from joint and several liability under section 6015. A spouse may qualify for relief from liability under section 6015(b), or, if eligible, may allocate liability under section 6015(c). In addition, if relief is not available under section 6015(b) orPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011