David L. Wiksell and Margaret Ann Carpender - Page 2




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               Bruce I. Hochman and Michel R. Stein, for petitioner                   
          Margaret Ann Carpender.                                                     

               Steven M. Roth, for respondent.                                        


                           SUPPLEMENTAL MEMORANDUM OPINION                            
               NIMS, Judge:  Margaret Ann Carpender (petitioner) moves the            
          Court for reconsideration of its memorandum opinion at T.C. Memo.           
          1998-3.  See Rule 161.  Unless otherwise stated, section                    
          references are to sections of the Internal Revenue Code in effect           
          for the years in issue.  Rule references are to the Tax Court               
          Rules of Practice and Procedure.                                            
               In Wiksell v. Commissioner, T.C. Memo. 1998-3, we                      
          reevaluated our prior decision in Wiksell v. Commissioner, T.C.             
          Memo. 1994-99, as directed by the Ninth Circuit on remand in                
          Wiksell v. Commissioner, 90 F.3d 1459 (9th Cir. 1996).  We held             
          that petitioner was entitled to innocent spouse relief under                
          section 6013(e) for deficiencies in excess of the amounts                   
          relating to checks she received from her husband's company,                 
          Hitech, and that it would not be inequitable to hold petitioner             
          liable for deficiencies related to the Hitech checks.  Wiksell v.           
          Commissioner, T.C. Memo. 1998-3.                                            
               In her motion to reconsider our decision in Wiksell v.                 
          Commissioner, T.C. Memo. 1998-3, petitioner argues that section             
          6015(c)(3)(C), enacted by section 3201(a) of the Internal Revenue           
          Service Restructuring and Reform Act of 1998 (RRA 1998), Pub. L.            

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