Document Type

Research Memorandum

Publication Date

2024

Abstract

(Excerpt)

Innocent-spouse relief is an equitable remedy provided by Internal Revenue Code section 6015(f), where the Secretary of the Treasury may "relieve [an] individual of . . . liability" if "taking into account all the facts and circumstances, it is inequitable to hold the individual liable for any unpaid tax or any deficiency . . . ." Essentially, it provides a joint-filer who normally is jointly and severally liable for the tax liabilities of his or her spouse relief from liability if it would be inequitable to do otherwise.

...

This memorandum addresses: (1) the limits of a bankruptcy court’s jurisdiction over innocent-spouse and other tax claims under Bankruptcy Code section 505, with regard to (a) the bankruptcy court’s lack of initial subject matter jurisdiction over innocent-spouse relief claims, and (b) the preclusion towards adjudicating a tax dispute that has been finally concluded; and (2) a recent decision from the Western District of Pennsylvania which denied bankruptcy court jurisdiction over innocent-spouse claims. The decision appears to be an outlier and will not likely be followed by other jurisdictions.

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