Vonnie W. Gillispie - Page 5




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               On July 15, 1999, intervenor filed his petition with this              
          Court.  Intervenor’s case was subsequently dismissed for lack of            
          jurisdiction on the ground that the filing fee was not paid.                
          Intervenor has filed a notice of intervention in this proceeding            
          and objects to petitioner’s being relieved of liability under               
          section 6015.                                                               
                                     Discussion                                       
               Petitioner does not dispute the revised deficiency amount              
          for 1993 or that the return for that year was not timely filed.             
          Both petitioner and respondent agree that petitioner is entitled            
          to relief under section 6015(c).2  On the basis of this                     
          agreement, respondent has calculated that petitioner and                    
          intervenor are jointly liable for $654 of the revised 1993                  
          deficiency and that intervenor is solely liable for the remaining           
          $2,209.  Respondent has also calculated that petitioner and                 
          intervenor are jointly liable for $125 of the revised addition to           
          tax and that intervenor is solely liable for the remaining $421             
          of the addition to tax.  Respondent’s calculations are based on             
          the application of section 6015(d)(3)(B), which generally                   
          provides that, for purposes of determining the proper allocation            
          of a deficiency under section 6015(c), items giving rise to a               
          deficiency that are allocable to the nonrequesting spouse must              


               2Petitioner does not argue that she is entitled to relief              
          from joint and several liability under either section 6015(b) or            
          (f).                                                                        



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