- 7 - innocent spouse under section 6013(e). Respondent moves to dismiss for lack of jurisdiction and to strike asserting that the Court lacks jurisdiction to address the matter in this partnership level proceeding. It is now well settled that the Tax Court lacks jurisdiction to consider whether a taxpayer/partner is entitled to innocent spouse relief under section 6013(e) in the context of partnership level proceedings. See Dynamic Energy, Inc. v. Commissioner, 98 T.C. 48 (1992); Marthinuss v. Commissioner, T.C. Memo. 1995-58, and cases cited therein. The question of whether Johanna McMichael is entitled to innocent spouse relief can be raised in a partner level affected items proceeding following the issuance of a notice of deficiency by invoking the Tax Court's overpayment jurisdiction. See, e.g., Mann-Howard v. Commissioner, T.C. Memo. 1992-537. Consequently, we shall grant respondent's motion to dismiss for lack of jurisdiction and to strike. 2. Respondent's Motion for Partial Summary Judgment Summary judgment is intended to expedite litigation and avoid unnecessary and expensive trials. Florida Peach Corp. v. Commissioner, 90 T.C. 678, 681 (1988). Summary judgment upon all or any part of the legal issues in controversy is appropriate "if the pleadings, answers to interrogatories, depositions, admissions, and any other acceptable materials, together with the affidavits, if any, show that there is no genuine issue as to anyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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