Pamela J. Ellison - Page 18

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          6013(d)(3).  Under certain circumstances, however, section 6015             
          provides relief from this general rule.  Except as otherwise                
          provided in section 6015, petitioner bears the burden of proof.             
          Rule 142(a); Jonson v. Commissioner, 118 T.C. 106, 113 (2002),              
          affd. 353 F.3d 1181 (10th Cir. 2003).                                       
               In arguing that petitioner is entitled to relief pursuant to           
          section 6015, petitioner relies upon the regulations related to             
          section 6015.  Sections 1.6015-0 through 1.6015-9, Income Tax               
          Regs., are applicable for elections or requests for relief filed            
          on or after July 18, 2002.  Sec. 1.6015-9, Income Tax Regs.                 
          Petitioner filed her election prior to this date; accordingly,              
          the regulations are inapplicable.                                           
               Petitioner also cites chief counsel advice and Tax Court               
          summary opinions to support her claims.  Parties are statutorily            
          proscribed from citing chief counsel advice as precedent.  Sec.             
          6110(k)(3); see Willamette Indus., Inc. v. Commissioner, 118 T.C.           
          126, 134 n.10 (2002).  By statute, summary opinions shall not be            
          treated as precedent.  Sec. 7463(b).                                        
               A.   Relief Under Section 6015(b)                                      
               To qualify for relief from joint and several liability under           
          section 6015(b)(1), a taxpayer must establish:                              
                    (A) a joint return has been made for a taxable                    
               year;                                                                  
                    (B) on such return there is an understatement of                  
               tax attributable to erroneous items of 1 individual                    
               filing the joint return;                                               





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