Kathy A. King - Page 2




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               Leave to File Notice of Intervention.  R filed a notice                  
               of no objection to H's motion.  P did not respond.                       
                    Held:  In any case where an individual petitioner                   
               seeks relief from joint liability pursuant to sec.                       
               6015, I.R.C., the other individual who filed the joint                   
               return is entitled to notice and, if not already a                       
               party in the case, an opportunity to intervene for                       
               purposes of challenging the propriety of relieving the                   
               petitioner of liability.                                                 
                    Held, further, H is entitled to intervene in order                  
               to challenge P’s entitlement to relief under sec. 6015,                  
               I.R.C.  The record will be reopened, and the case will                   
               be calendared for further trial solely with respect to                   
               the issue of relief from joint liability.  H's motion                    
               will be granted.                                                         
                    Held, further, additional procedural requirements                   
               in proceedings before this Court are set forth as                        
               guidance to taxpayers and counsel.                                       


               Kathy A. King, pro se.                                                   
               James R. Rich, for respondent.                                           


                                        OPINION                                         

               RUWE, Judge:  The matter before the Court is a Motion For                
          Leave to File Notice of Intervention (Embodying Notice of                     
          Intervention) by Curtis T. Freeman (Mr. Freeman) with respect to              
          petitioner’s claim for relief from joint liability under section              
          6015.1                                                                        


               1Unless otherwise indicated, section references are to the               
          Internal Revenue Code, and Rule references are to the Tax Court               
                                                               (continued...)           





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