Linda D. Farmer - Page 4




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          herself and her spouse.  The Appeals officer did not address in             
          the Appeals memo the information petitioner provided about the              
          lack of support from her new husband.                                       
               If petitioner had filed separate returns for the years in              
          issue, then on the basis of the income reported on her Forms W-2,           
          Wage and Tax Statement, she would have had no tax due and would             
          have been entitled to refunds.                                              
                                       OPINION                                        
          A.  Background                                                              
               If husband and wife file a joint Federal income tax return,            
          they are jointly and severally liable for the tax due.  Sec.                
          6013(d)(3); Butler v. Commissioner, 114 T.C. 276, 282 (2000).               
          However, a spouse may qualify for relief from joint liability               
          under section 6015(b) or (c) if various requirements are met.               
          The parties agree that petitioner does not qualify for relief               
          under section 6015(b) or (c).                                               
               If relief is not available under section 6015(b) or (c), the           
          Commissioner may relieve an individual of liability for any                 
          unpaid tax if, taking into account all the facts and                        
          circumstances, it would be inequitable to hold the individual               
          liable.  Sec. 6015(f).  This Court has jurisdiction to review a             
          denial of equitable relief under section 6015(f).  Sec. 6015(e).            
               We review the Commissioner’s denial of relief for abuse of             
          discretion.  Jonson v. Commissioner, 118 T.C. 106, 125 (2002),              







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