- 7 - but if they do, both spouses are then responsible for the return’s accuracy and both are generally liable for the entire tax due under section 6013(d)(3). Butler v. Commissioner, 114 T.C. 276, 282 (2000). In some cases, however, section 6015 can relieve one spouse from this joint liability. This relief comes in three varieties: Relief under section 6015(b) requires an “understatement;” relief under section 6015(c) requires a “deficiency;”6 but relief under section 6015(f) requires only that the requesting spouse be “liable for any unpaid tax or any deficiency.” Therefore, if the liability is neither an “understatement” nor a “deficiency,” only relief under subsection (f) is possible. See Hopkins v. Commissioner, 121 T.C. 73, 87-88 (2003). Section 6015(e) gave us jurisdiction to review the Commissioner’s innocent spouse determinations under all three 6 The use of “understatement” and “deficiency” in different subsections of section 6015 seems to reflect their different origins. Subsection (b) is a modification of the old innocent spouse section, section 6013(e), that Congress repealed when it enacted section 6015. The requirement that there be an “under- statement” is common to both the old and new sections. See Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3201(a), 112 Stat. 734; Butler v. Commissioner, 114 T.C. 276, 283 (2000); H. Conf. Rept. 105-599, at 249 (1998), 1998-3 C.B. 747, 1003. Subsections (c) and (f) were major expansions of innocent spouse relief, and in those subsections Congress used “deficiency” instead of “understatement.” Cheshire v. Commissioner, 115 T.C. 183, 189 (2000), affd. 282 F.3d 326 (5th Cir. 2002); H. Conf. Rept. 105-599, supra at 249, 1998-3 C.B. at 1003.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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