- 4 - filed with this Court a stand-alone petition contesting respondent’s determination.2 Discussion Generally, married taxpayers may elect to file a joint Federal income tax return. Sec. 6013(a). Each spouse filing a joint return is jointly and severally liable for the accuracy of the return and the entire tax due for that year. Sec. 6013(d)(3). A spouse who has filed a joint return may, however, seek relief from joint and several liability by following procedures established in section 6015. Sec. 6015(a). Under section 6015(a), a requesting spouse may seek relief from liability under section 6015(b) or, if eligible, may allocate liability according to the provisions under section 6015(c). If relief is not available under section 6015(b) or (c), then an individual may seek equitable relief under section 6015(f). Section 6015(f) permits relief from joint and several liability where “it is inequitable to hold the individual liable for any unpaid tax or any deficiency (or any portion of either)”. Except as otherwise provided in section 6015, petitioner bears 2 Sec. 6015(e) vests the Court with jurisdiction to review an election for relief from joint and several liability arising from a stand-alone petition. Cases brought under sec. 6015(e) have become known as “stand alone” cases because only the right to spousal relief is in issue, independent of any deficiency proceeding. See Corson v. Commissioner, 114 T.C. 354, 363 (2000); Fernandez v. Commissioner, 114 T.C. 324, 329 (2000).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 10, 2007