JONSON v. C.I.R.

No. 02-9009.

353 F.3d 1181 (2003)

David C. JONSON, Successor in Interest, and Estate of Barbara J. Jonson, Deceased, Petitioners-Appellants, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

December 30, 2003.


Attorney(s) appearing for the Case

Declan J. O'Donnell of O'Donnell Law Offices, PLLC, Castle Rock, CO, for Petitioner-Appellant.

Robert J. Branman, Attorney, Tax Division (Eileen J. O'Connor, Assistant Attorney General, and Richard Farber, Attorney, Tax Division, with him on the brief), Department of Justice, Washington, D.C., for Respondent-Appellee.

Before MURPHY, PORFILIO, and HARTZ, Circuit Judges.


HARTZ, Circuit Judge.

This appeal presents the fearsome twosome of death and taxes with a new twist. A decedent's estate contends that the decedent's death freed her estate of income taxes due for a tax year long preceding her death.

Under the Internal Revenue Code's innocent-spouse provision, relief from the joint and several liability that generally follows from filing a joint income-tax return may be available to a spouse who is no longer married to or...

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