Cimberly Catherine Clarke-Lewis - Page 5




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          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”.                                                               





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