- 4 - proposed collection activities. Petitioner filed for innocent spouse relief in February 2004.1 Respondent’s preliminary determination denied relief. On September 29, 2004, petitioner appealed by filing a Form 12509, Statement of Disagreement. On July 7, 2005, respondent issued his final determination, sustaining the denial of relief under section 6015(b), (c), and (f), concluding that petitioner was not eligible for relief under those provisions. In the interim, Mr. Nakasu filed for bankruptcy. The Federal tax liabilities were discharged on April 7, 2005, with respect to Mr. Nakasu. Discussion Burden of Proof Except as otherwise provided in section 6015, petitioner bears the burden of proof with respect to her entitlement to innocent spouse relief. See Rule 142(a); Alt v. Commissioner, 119 T.C. 306, 311 (2002), affd. 101 Fed. Appx. 34 (6th Cir. 2004). Joint and Several Liability and Section 6015 Relief Section 6013(d)(3) provides that if a joint return is filed, the tax is computed on the taxpayers’ aggregate income, and 1 Petitioner testified that she filed for relief in October 2003. The Form 12510, Questionnaire for Requesting, Spouse is dated Oct. 30, 2003. But the Form 8857 is date stamped “RECEIVED FEB 25 2004”.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008