Gwendolyn A. Ewing - Page 1

                                   122 T.C. No. 2                                     


                               UNITED STATES TAX COURT                                


                          GWENDOLYN A. EWING, Petitioner v.                           
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      


               Docket No. 1940-01.                Filed January 28, 2004.             

                    After submitting an application to and receiving                  
               an adverse determination from respondent (R),                          
               petitioner (P) petitioned this Court to seek our                       
               determination whether she is entitled to relief from                   
               joint liability under sec. 6015(f), I.R.C.                             
                    R contends that:  (1) In making our determination,                
               we may not consider evidence introduced at trial which                 
               was not included in the administrative record; and (2)                 
               whether or not our review is limited to R’s                            
               administrative record, P is not entitled to equitable                  
               relief under sec. 6015(f), I.R.C.                                      
                    Held:  Our determination whether P is entitled to                 
               relief under sec. 6015(f), I.R.C., is made in a trial                  
               de novo; thus, we may consider matter raised at trial                  
               which was not included in the administrative record.                   
                                                                                     
                    Held, further, P is entitled to equitable relief                  
               under sec. 6015(f), I.R.C.                                             






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