Robert H. and Judith A. Golden - Page 4




                                        - 4 -                                         
                                       OPINION                                        
               Spouses filing a joint Federal income tax return are                   
          generally jointly and severally liable for tax found to be                  
          owning.  Sec. 6013(d)(3); Butler v. Commissioner, 114 T.C. 276,             
          282 (2000).  However, it is possible for an individual filing a             
          joint return to be relieved of joint and several liability.                 
          Section 6015 prescribes three types of relief:  (1) Full or                 
          apportioned relief under section 6015(b), (2) proportionate                 
          relief under section 6015(c), and (3) equitable relief under                
          section 6015(f).  Petitioner claims entitlement to one or all of            
          these types of relief.  Except as otherwise provided in section             
          6015, petitioner bears the burden of proving that claim.  See Alt           
          v. Commissioner, 119 T.C. 306, 311 (2002), affd. 101 Fed. Appx.             
          34 (6th Cir. 2004); see also Rule 142(a)(1).                                
               To qualify for relief under section 6015(b), a requesting              
          spouse needs to satisfy the requirements of section 6015(b)(1).             
          Under section 6015(b)(1), relief may be granted under section               
          6015(b) if the following requirements are met:  (1) A joint                 
          return has been made for the taxable year, (2) on such return               
          there is an understatement of tax attributable to erroneous items           
          of one individual filing the joint tax return, (3) the spouse               
          seeking relief establishes that in signing the return he or she             
          did not know, nor have reason to know, that there was an                    
          understatement of tax, and (4) taking into account all of the               







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