Diane C. Lincir - Page 2




                                        - 2 -                                         
                    The earlier litigation resulted in a decision that                
               became final.  Lincir v. Commissioner, T.C. Memo. 1999-                
               98, supplemented 115 T.C. 293 (2000), affd. 32 Fed.                    
               Appx. 278 (9th Cir. 2002).  P filed the instant case                   
               for innocent spouse relief under sec. 6015, I.R.C.                     
               1986.  P moves for partial summary judgment that she is                
               not barred from claiming innocent spouse relief even                   
               though, for purposes of the instant motion only, P                     
               concedes her meaningful participation in the earlier                   
               proceeding, “within the meaning of I.R.C.                              
               §6015(g)(2)”.                                                          
                    Held:  P’s stipulated concession precludes her                    
               entitlement to judgment as a matter of law, and so P’s                 
               partial summary judgment motion is denied.                             


               Michael D. Savage, for petitioner.                                     
               Michael R. Skutley, for respondent.                                    


                                 MEMORANDUM OPINION                                   

               CHABOT, Judge:  This matter is before us on petitioner’s               
          motion under Rule 1211 for partial summary judgment that                    
          petitioner is permitted to claim relief under section 60152 for             
          1978 through 1982, because relief under that section was not                
          available to her when she litigated income tax deficiencies for             
          the same years in a prior case in this Court.                               


               1 Unless indicated otherwise, all Rule references are to the           
          Tax Court Rules of Practice and Procedure.                                  
               2 Unless indicated otherwise, all section references are to            
          sections of the Internal Revenue Code of 1986 as in effect for              
          proceedings commenced at the time the petition in the instant               
          case was filed.                                                             






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