- 5 - Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3201(g), 112 Stat. 740. Section 6015 provides three avenues for relief to a taxpayer who has filed a joint return: (1) Section 6015(b) allows relief for understatements of tax attributable to certain erroneous items on the return; (2) section 6015(c) provides relief for a portion of an understatement of tax for taxpayers who are separated or divorced; and (3) section 6015(f) more broadly confers on the Secretary discretion to grant equitable relief for taxpayers who otherwise do not qualify under section 6015(b) or (c). The first avenue for relief is section 6015(b). Under section 6015(b), the Court may grant a taxpayer full or apportioned relief from joint and several liability for an understatement of tax on a joint return if, among other requirements,3 the taxpayer establishes that he “did not know, and had no reason to know” that the other spouse understated that spouse’s tax liability on the return. Sec. 6015(b)(1)(C), (b)(2). Intervenor had a Merrill Lynch Account with Chevron but transferred the balance into a separate IRA when he left Chevron. 3Neither respondent nor intervenor dispute that, in this case, the requirements of subparagraphs (A), (B), and (E) of sec. 6015(b)(1) have been satisfied. The dispute is whether petitioner meets the requirements of subparagraphs (C) and (D) of sec. 6015(b)(1).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011