Lisa Susan Kovitch, Petitioner, and Richard P. Kovitch, Intervenor - Page 4




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          bankruptcy filing gave rise to the automatic stay imposed by 11             
          U.S.C. section 362(a)(8) that prohibits the commencement or                 
          continuation of Tax Court proceedings “concerning the debtor.”              
          The automatic stay has not been terminated.  Before we can                  
          proceed to adjudicate whether petitioner is entitled to relief              
          under section 6015, we must decide whether the automatic stay               
          prevents us from doing so.                                                  
                                     Discussion                                       
          I.   Nature of Joint Liability and Section 6015 Relief                      
               Spouses who file joint returns are jointly and severally               
          liable for the entire tax liability, which may be collected from            
          either spouse.  See sec. 6013(d)(3).  However, section 6015                 
          provides that, notwithstanding section 6013(d)(3), a joint filer            
          may elect to seek relief from joint and several tax liability.              
               Congress vested this Court with jurisdiction to review a               
          taxpayer’s claim for relief from joint and several liability                
          under specified circumstances.  Maier v. Commissioner, 119 T.C.             




               3(...continued)                                                        
          has not objected to the notice of intervention, and any delay in            
          filing the notice of intervention does not appear to have caused            
          harm to any of the parties.  In any event, we would use our                 
          discretion, as provided in Rule 325(b), to allow the notice of              
          intervention to be filed.                                                   
               4 Mr. Kovitch’s bankruptcy case was initially a ch. 7                  
          proceeding; however, on May 1, 2006, the case was converted to a            
          ch. 13 proceeding.                                                          






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