Meredith Yvette James

CourtUnited States Tax Court
DecidedJanuary 13, 2021
Docket23788-18
StatusUnpublished

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Bluebook
Meredith Yvette James, (tax 2021).

Opinion

T.C. Memo. 2021-7

UNITED STATES TAX COURT

MEREDITH YVETTE JAMES, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Docket No. 23788-18. Filed January 13, 2021.

Meredith Yvette James, pro se.

Susan Mary Fenner and Gordon P. Sanz, for respondent.

MEMORANDUM FINDINGS OF FACT AND OPINION

URDA, Judge: Petitioner, Meredith Yvette James, and her ex-husband,

Deshaun Bailey, filed a joint Federal income tax return for their 2010 tax year,

which resulted in a refund that was deposited into Mr. Bailey’s bank account. The

Internal Revenue Service (IRS) later examined this return, assessed additional tax

Served 01/13/21 -2- [*2] and an accuracy-related penalty, and applied Ms. James’ 2014 tax

overpayment against this assessment. Ms. James claims that she is entitled to relief

under section 6015(e)(1),1 which would result in the refund of her overpayment.

We conclude, however, that she was not eligible for such relief because she and

Mr. Bailey did not file a valid joint return for 2010.

FINDINGS OF FACT

This case was tried in Houston, Texas. Ms. James lived in Texas when she

timely filed her petition in December 2018. Mr. Bailey was provided notice of his

right to intervene pursuant to Rule 325(a) and King v. Commissioner, 115 T.C. 118

(2000), but he did not do so. He accordingly is not a party to this case. See

sec. 6015(e)(4); Rule 325.

A. The 2010 Federal Income Tax Return

Ms. James was married to Mr. Bailey from 2003 until their divorce in 2006.

Mr. Bailey nonetheless lived with Ms. James in 2010, helping to care for both her

and her children while Ms. James battled a serious illness. During this time Mr.

Bailey was primarily responsible for the household’s finances.

1 Unless otherwise indicated, all section references are to the Internal Revenue Code in effect at all relevant times, and all Rule references are to the Tax Court Rules of Practice and Procedure. We round all monetary amounts to the nearest dollar. -3- [*3] Although Mr. Bailey and Ms. James had been divorced for several years,

Mr. Bailey worked with his accountant to file a joint Federal income tax return for

himself and Ms. James for 2010. Trusting in her ex-husband, Ms. James did not

review this return before signing it. The IRS issued a refund of $11,015, which

was deposited into Mr. Bailey’s bank account.

The IRS subsequently examined the 2010 joint tax return, determining that it

had failed to report Ms. James’ unemployment compensation, $17,680, Mr.

Bailey’s nonemployee compensation, $14,002, and interest income, $100. The

IRS accordingly assessed additional tax of $10,990, an accuracy-related penalty

under section 6662(a) of $2,198, and statutory interest of $390.

B. Ms. James’ 2014 and 2016 Tax Returns

The ripples from the 2010 assessment were felt in Ms. James’ 2014 and

2016 taxable years. Although her return for each of these years reflected an

overpayment of tax, Ms. James did not receive refunds of these amounts. The IRS

instead applied Ms. James’ overpayments--$7,761 for 2014 and $4,157 for 2016--

against the outstanding balance from 2010.

C. Ms. James’ Request for Innocent Spouse Relief

On June 14, 2017, the IRS received Ms. James’ Form 8857, Request for

Innocent Spouse Relief, in which she both sought relief with respect to the 2010 -4- [*4] assessment and requested refunds of her 2014 and 2016 overpayments that

had been applied against the 2010 assessment. Ms. James’ request was assigned to

a tax examiner, who determined that Ms. James and Mr. Bailey had made an

invalid joint return election on their 2010 return because they were not married

during that year. The tax examiner therefore concluded that innocent spouse relief

under section 6015 was unavailable because a valid joint return was a prerequisite.

Although the tax examiner did not grant section 6015 relief, she took several

steps in Ms. James’ favor. She first removed Ms. James’ name from the IRS

record associated with the joint return. The tax examiner also concluded that Ms.

James was entitled to a refund of her 2016 overpayment. The tax examiner did not

reach the same conclusion as to the 2014 overpayment, determining that Ms. James

was not eligible for a refund because she had requested the refund after the

expiration of the two-year limitations period set forth in section 6511. The tax

examiner subsequently issued a letter to Ms. James notifying her of her

conclusions.

OPINION

I. Burden of Proof

The taxpayer generally bears the burden of proof with respect to whether she

is entitled to relief under section 6015 unless otherwise provided in that section. -5- [*5] See Rule 142(a); Alt v. Commissioner, 119 T.C. 306, 311 (2002), aff’d, 101

F. App’x 34 (6th Cir. 2004). Both the scope and standard of our review in cases

requesting relief from joint and several liability are de novo.2 Porter v.

Commissioner, 132 T.C. 203, 210 (2009).

II. Joint Return Requirement

Ms. James challenges the IRS’ denial of relief under section 6015, asserting

that the tax examiner incorrectly concluded that section 6511 barred the refund of

her 2014 overpayment. As explained below, we will not reach the merits of Ms.

James’ argument because she is not entitled to relief under section 6015.

A. Innocent Spouse Framework

Generally, married taxpayers may elect to file a joint Federal income tax

return. Sec. 6013(a). After making the election, each spouse becomes jointly and

severally liable for the entire tax due for that taxable year. Sec. 6013(d)(3); Butler

v. Commissioner, 114 T.C. 276, 282 (2000).

2 Congress recently added sec. 6015(e)(7) to clarify the scope and standard of our review in stand-alone innocent spouse cases. See Taxpayer First Act, Pub. L. No. 116-25, sec. 1203, 133 Stat. at 988 (2019). This new provision applies only to petitions filed in this Court after July 1, 2019, and thus does not govern our case, which was commenced in December 2018. See Taxpayer First Act, sec. 1203(b), 133 Stat. at 988; see also Sutherland v. Commissioner, 155 T.C. __, __ (slip op. at 4) (Sept. 8, 2020). The scope and standard of review accordingly are de novo. See Sutherland v. Commissioner, 155 T.C. at __ (slip op. at 4). -6- [*6] Under certain circumstances, a spouse who has filed a joint return may seek

relief from joint and several liability under section 6015(b); or, if the taxpayers are

no longer married or are living separately, they may allocate liability under

section 6015(c). Sec. 6015(a). If relief is not available under subsection (b) or (c),

a requesting spouse may seek equitable relief under subsection (f).

Where, as here, a taxpayer seeks equitable relief under section 6015(f), she

may be excused from joint and several liability for the joint tax due upon a

showing that it is inequitable to hold her liable. See Pullins v. Commissioner, 136

T.C. 432, 438 (2011). Where the IRS has already collected the tax (or collected

some amount of the total tax liability), the taxpayer may request a refund under

section 6015(g)(1). See Minihan v. Commissioner, 138 T.C. 1, 8 (2012).

As implied above, the filing of a valid joint return is required for

section 6015 relief. See, e.g., Raymond v. Commissioner, 119 T.C. 191, 194

(2002); Abdelhadi v. Commissioner, T.C. Memo.

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Related

Pullins v. Commissioner
136 T.C. No. 20 (U.S. Tax Court, 2011)
Gaitan v. Comm'r
2012 T.C. Memo. 3 (U.S. Tax Court, 2012)
BUTLER v. COMMISSIONER OF INTERNAL REVENUE
114 T.C. No. 19 (U.S. Tax Court, 2000)
King v. Commissioner
115 T.C. No. 8 (U.S. Tax Court, 2000)
Raymond v. Comm'r
119 T.C. No. 11 (U.S. Tax Court, 2002)
Alt v. Comm'r
119 T.C. No. 19 (U.S. Tax Court, 2002)
Block v. Comm'r
120 T.C. No. 4 (U.S. Tax Court, 2003)
Porter v. Comm'r
132 T.C. No. 11 (U.S. Tax Court, 2009)
Minihan v. Comm'r
138 T.C. No. 1 (U.S. Tax Court, 2012)
Alt v. Commissioner
101 F. App'x 34 (Sixth Circuit, 2004)

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