Innocent Spouse Eight Years Later PDF Download

Author: David Lee Rice
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Languages : en
Pages : 0

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Book Description
David Rice and Genie Jose-Nguyen provide an update on the availability of innocent spouse relief since the enactment of the IRS Restructuring and Reform Act of 1998 and discuss recent Tax Court Cases that seem to contract or, at minimum, ignore the Congressional intent of the Act. In light of highly publicized dissatisfaction with innocent spouse relief provided in Code Sec. 6013, Code Sec, 6015 was enacted in the Internal Revenue Service Restructuring and Reform Act of 19983 (RRA) to replace former Code Sec. 6013. The RRA expanded innocent spouse relief. Among other things, a separate liability election had been provided, the IRS was granted the power to provide equitable relief, the Tax Court was given jurisdiction over innocent spouse disputes, and the nonrequesting spouse was given the right to intervene. With this enactment, it was the hope of many practitioners that innocent spouse relief would be more widely available under the RRA, especially considering the more liberal availability under Code Sec. 5015(a)4 and the enactment of the separate liability election and equitable relief. Moreover, a quick reading of Ravetti Est.5 could lead a practitioner to believe that giving the nonrequesting spouse the right to intervene would result in a determination, once and for all, that a finding of innocent spouse should be collateral estoppel, if not res judicata, to perhaps a concurrent or future family law proceeding as to that issue; especially if the case had been litigated in Tax Court. However, in light of recent Tax Court decision, what practitioners had originally hoped for has not come to pass.