Stacy Lee Gonce - Page 4




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          were paid from the joint bank account.  Petitioner and Mr. Gonce            
          both wrote checks from the joint bank account during the years in           
          issue, and petitioner reviewed their monthly bank statements and            
          balanced their checkbooks at least sometimes.  Petitioner made              
          deposits, wrote checks, and withdrew funds from the joint bank              
          account during the years in issue.  During their marriage,                  
          petitioner knew that Mr. Gonce always bought on credit and that             
          he and petitioner regularly spent more money than they earned.              
               Pursuant to petitioner’s and Mr. Gonce’s divorce decree,               
          petitioner received sole title to the Gonces’ house by quitclaim            
          deed.  The divorce decree also divided the Gonces’ joint tax                
          liabilities, requiring each spouse to pay one-half of their total           
          tax liabilities at the time of the divorce.                                 
                                       OPINION                                        
               Generally, married taxpayers may elect to file a joint                 
          Federal income tax return.  Sec. 6013(a).  When a husband and               
          wife elect to file a joint Federal income tax return, they are              
          jointly and severally liable for the entire tax due on that                 
          return.  Sec. 6013(d)(3); Butler v. Commissioner, 114 T.C. 276,             
          282 (2000).  However, section 6015 provides for relief for a                
          requesting spouse from joint and several liability in certain               
          circumstances.  Section 6015(b) provides general relief from                
          joint and several liability if certain requirements are met, and            
          section 6015(c), if applicable, provides for an allocation of               







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Last modified: March 27, 2008