Theron R. Livingston, Sr. - Page 17




                                        - 17 -                                          

          decision representing a concession that she has no liability for              
          any amount of the deficiency or penalty in dispute.  Respondent               
          made no determination whether petitioner wife qualifies for                   
          relief under section 6015(b).  With leave of the Court,                       
          petitioner wife amended her petition, requesting the Court to                 
          require respondent to make a determination under former section               
          6013(e) and/or section 6015(b).9                                              
               The controversy before the Court concerns petitioner wife’s              
          liability for the deficiency respondent determined for taxable                
          year 1990.  Respondent’s concession under section 6015(c)                     
          relieves petitioner wife of all liability for taxable year 1990               
          and resolves the controversy between her and respondent that is               
          before us.  Cf. LTV Corp. v. Commissioner, 64 T.C. 589, 593                   
          (1975).  A decision regarding petitioner wife’s eligibility for               
          relief under section 6015(b) would amount to an advisory opinion              
          and would contravene the “sound principle of judicial                         
          administration that courts will not gratuitously decide complex               




               9 On brief, petitioner wife does not press the issue of her              
          entitlement to relief under former sec. 6013(e), and we deem her              
          to have conceded it.  In any event, since the disputed tax                    
          liability arose before July 22, 1998, but remained unpaid as of               
          that date, former sec. 6013(e) is no longer effective with                    
          respect to the instant case, which is governed instead by the                 
          provisions of sec. 6015.  See Internal Revenue Service                        
          Restructuring and Reform Act of 1998, Pub. L. 105-206, sec.                   
          3201(e)(1), 112 Stat. 734.                                                    





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Last modified: May 25, 2011