Bea-Jaye Ware - Page 7




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          jurisdiction to review the Commissioner’s determinations under              
          section 6015(f) with respect to tax liability remaining unpaid on           
          or after December 20, 2006.  Upon order of the Court, the parties           
          certified that petitioner’s liability for tax years 1998 and 1999           
          remained unpaid as of December 20, 2006.4  Accordingly, the Court           
          determined that it has jurisdiction over this case and denied               
          respondent’s motion to dismiss for lack of jurisdiction.                    
                                       OPINION                                        
               If a husband and wife file a joint Federal income tax                  
          return, they generally 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            
          and several 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);            




               4  Petitioner’s 1997 tax year is no longer at issue.  See              
          supra note 3.                                                               






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