Kathleen Sullivan Alioto - Page 3

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               Recently, the Court held that we lack jurisdiction over                
          “stand-alone” section 6015(f) cases (i.e., cases in which no                
          deficiency has been asserted) such as the case at bar.  Billings            
          v. Commissioner, 127 T.C. ___ (2006).  Additionally, the U.S.               
          Court of Appeals for the Ninth Circuit, the court to which appeal           
          of this case apparently lies, also has held that the Tax Court              
          lacks jurisdiction over “stand alone” section 6015(f) cases                 
          (i.e., cases in which no deficiency has been asserted) such as              
          the case at bar.  Commissioner v. Ewing, 439 F.3d at 1014-1015.             
               Accordingly, pursuant to Billings and the opinion of the               
          U.S. Court of Appeals for the Ninth Circuit’s in Ewing, we                  
          conclude that we lack jurisdiction over this case.  Billings v.             
          Commissioner, supra; Toppi v. Commissioner, T.C. Memo. 2006-182             
          (dismissing stand-alone section 6015(f) case for lack of                    
          jurisdiction pursuant to Billings because the Commissioner did              
          not assert a deficiency for any of the years in issue); Stroud v.           
          Commissioner, T.C. Memo. 2006-175 (same); see also Commissioner             
          v. Ewing, 439 F.3d at 1014-1015; Golsen v. Commissioner, 54 T.C.            
          742 (1970), affd. 445 F.2d 985 (10th Cir. 1971).  Therefore, we             
          shall dismiss this case for lack of jurisdiction.                           
               To reflect the foregoing,                                              
                                                  An appropriate order of             
                                             dismissal for lack of                    
                                             jurisdiction will be entered.            






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