Emily Velez - Page 7




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               Petitioner reported wage income of $83,085 for 2005 and                
          $89,354 for 2006.  A total tax liability of approximately                   
          $5,007.83 remains unpaid for 1996, and approximately $2,872.41              
          remains unpaid for 1997.                                                    
                                     Discussion                                       
               Except as otherwise provided in section 6015, petitioner               
          bears the burden of proof with respect to her entitlement to                
          relief under section 6015.  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                 
          liability for the resulting tax is joint and several.  See also             
          sec. 1.6013-4(b), Income Tax Regs.  But the IRS may relieve a               
          taxpayer from joint and several liability under section 6015 in             
          certain circumstances.                                                      
               To obtain relief from joint and several liability, a spouse            
          must qualify under section 6015(b) or, if eligible, allocate                
          liability under section 6015(c).  In addition, if relief is not             
          available under section 6015(b) or (c), a spouse may seek                   
          equitable relief under section 6015(f).  Fernandez v.                       
          Commissioner, 114 T.C. 324, 329-331 (2000); Butler v.                       
          Commissioner, 114 T.C. 276, 287-292 (2000).                                 







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