Kathryn Cheshire - Page 31




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               PARR, J., dissenting:  I have joined with Judge Colvin in his          
          dissenting opinion, because I believe the language of section               
          6015(c)(3)(C) is ambiguous and that we should consult legislative           
          history for guidance in resolving that ambiguity.  I write                  
          separately only to express my concern about the Court's application         
          of section 6013(e) case law to the case at hand.                            
               Section 6015 is a remedial statute, therefore, its provisions          
          should be construed and applied liberally in favor of those whom            
          the statute was designed to benefit.  Cf. Helvering v. Bliss, 293           
          U.S. 144, 150-151 (1934); Allen v. Commissioner, 514 F.2d 908, 915          
          (5th Cir. 1975).  Moreover, it is apparent that Congress intended           
          section 6015 to provide broader relief than that provided by                
          section 6013(e).                                                            
               In its discussion of section 6015(f), the majority has found--         
          and I agree--that, considering the facts and circumstances of this          
          case, it is not inequitable to hold petitioner liable for the               
          deficiency.  Since equitable consideration is also a requirement            
          for relief under section 6015(b)(1)(D), the majority's discussion           
          of section 6015(b)(1)(C) is unnecessary.  The word "understatement"         
          used in section 6015(b)(1)(C) is different from the word "item"             
          construed in the discussion of section 6015(c)(3)(C).  Yet the              











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