- 6 - affirmative defense within our traditional deficiency jurisdiction pursuant to section 6213(a). Therefore, the Court lacks jurisdiction to review the IRS’s decision to grant innocent spouse relief to petitioner’s former spouse. 2. Joint and Several Liability Petitioner contends that she should not be liable for the full amount of the deficiency. Rather, she argues, her liability should be limited to 50 percent since it was a joint return, her former spouse knew about the unreported items, and he received the benefits of the erroneous joint return (i.e., she alleges that he received half of the $4,114 refund, and had the items been reported correctly, the refund would have been about $330). In general, section 6013(d)(3) provides that if a joint return is filed, the tax is computed on the individuals’ aggregate income, and liability for the resulting tax is joint and several. See also sec. 1.6013-4(b), Income Tax Regs. A fundamental characteristic of joint and several liability is that the IRS, at its option, may proceed against the taxpayers separately and may obtain a separate judgment against each. See Dolan v. Commissioner, 44 T.C. 420 (1965). The decision to assess or not assess tax against one of the spouses who filed a joint return does not prevent the IRS from proceeding against the other. See id.; see also Kroh v. Commissioner, 98 T.C. 383 (1992).Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: March 27, 2008