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Joint Tax Return Essay

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Spouses who file joint tax returns are “jointly and severally liable” for any tax liability. This allows an IRS to collect the entire amount from either taxpayer. However, Code Section 6015 allows relief of joint and several liability under certain circumstances when joint tax returns are filed. To be able to qualify for the relief of liability, under Code Section 6015(b) the taxpayer must have the burden of proof to show the following factors: o Joint return is filed for years in issue o Understatement of tax relates to erroneous items of one individual filing the joint return o The taxpayer who signed the return can establish that in signing the return, (she) did not know or have any reason to know of the understated income o It would be unequitable to hold the taxpayer liable for the additional tax liability o The taxpayer elects the benefits of the relief within two years once the audit of the joint tax return began.

At this current time, the following factors are not being questioned by the RAR: o Joint tax returns for 2014 and 2015 were property signed by both Julie and Gill and …show more content…

The Eight Circuit Appeals stated that the courts would use the standard of a “reasonably prudent person” when determining if a taxpayer should have known of income understated. Erdahl V Commissioner, 930 F.2d 585 (8th Cir. 1991). The court claimed they would use the “standard of whether "a reasonably prudent taxpayer under the circumstances of the spouse at the time of signing the return could be expected to know that the tax liability stated was erroneous or that further investigation was warranted.” Stevens V Commissioner, 872 F.2d at 1505. Sanders V Commissioner, 509 F.2d at 167. In essence, a “reasonably prudent person” would be a hypothetical individual in a similar situation who uses good

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