Michael Alan Swanson, Petitioner, and Judith N. Swanson, Intervenor - Page 6

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          signature page to the electronically filed Federal income tax               
          return for 1999.  Intervenor also claims that petitioner knew               
          that the income from her pension was taxable and that he received           
          the benefit of an overpayment refund attributable to that income            
          for 1999.                                                                   
                                     Discussion                                       
               Except as otherwise provided in section 6015, petitioner               
          bears the burden of proof.  See Rule 142(a); Alt v. Commissioner,           
          119 T.C. 306, 311 (2002), affd. 101 Fed. Appx. 34 (6th Cir.                 
          2004).                                                                      
               Generally, spouses filing joint Federal income tax returns             
          are jointly and severally liable for the taxes due thereon.  Sec.           
          6013(d)(3).  Section 6015 provides three avenues for relief from            
          that liability to a taxpayer who has filed a joint return:  (1)             
          Section 6015(b) allows relief for understatements of tax                    
          attributable to certain erroneous items on a return; (2) section            
          6015(c) provides relief for a portion of an understatement of tax           
          to taxpayers who are separated or divorced; and (3) section                 
          6015(f) more broadly confers on the Secretary discretion to grant           
          equitable relief to taxpayers who otherwise do not qualify under            
          section 6015(b) or (c).                                                     
               The first avenue for relief is section 6015(b).  Under                 
          section 6015(b), the Court may grant a taxpayer full or                     
          apportioned relief from joint and several liability for an                  






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