Christine Ann Elliott - Page 5




                                        - 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  Next 

Last modified: November 10, 2007