Suzanne Vance Fain, a.k.a. Suzanne Fain-Poisson - Page 2




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                                       OPINION                                        

               HOLMES, Judge:  Suzanne Vance Fain filed this case when the            
          Commissioner refused to grant her innocent-spouse relief from her           
          unpaid tax liability for 1999.  Her case was already on a trial             
          calendar when Commissioner’s counsel realized that the IRS had              
          not notified her husband of his right to intervene.  That turned            
          out to be impossible--he was dead.                                          
               We are called to plug a small but noticeable gap in the tax            
          law--is a nonrequesting spouse’s right to intervene extinguished            
          by death or does it instead pass to a successor-in-interest?                
                                     Background                                       
               According to the pleadings already filed in this case, the             
          Fains filed a joint tax return for 1999.  It showed that they               
          owed about $15,000, but neither Fain paid.  The couple later                
          separated, and eventually the Commissioner began to try to                  
          collect the unpaid tax.                                                     
               In February 2006, Suzanne filed a request for innocent-                
          spouse relief under section 60151 with the Commissioner.  He                
          denied it in September 2006, and Suzanne filed a petition seeking           
          review with this Court.  Section 6015(e)(4) required us to issue            
          rules that provide nonrequesting spouses “with adequate notice              


               1 Unless otherwise indicated, all section references are to            
          the Internal Revenue Code for the year in issue, and all Rule               
          references are to the Tax Court Rules of Practice and Procedure.            






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