- 9 - v. Commissioner, supra; Himmelwright v. Commissioner, supra. For example, in Garvey v. Commissioner, supra, this Court was faced with a controversy having a procedural posture nearly identical to that of the instant case. The Court declined, however, to interfere with the parties’ settlement negotiations and granted the Commissioner’s motion for entry of decision. See id. In deciding Garvey v. Commissioner, supra, the Court also relied on the earlier opinion issued in Himmelwright v. Commissioner, supra. In that case, Mr. Himmelwright likewise objected to the Commissioner’s motion for entry of decision following his own settlement with the Commissioner and a settlement between the Commissioner and Ms. Himmelwright granting her relief under section 6013(e). See id. Mr. Himmelwright argued that he settled believing his wife would share the tax burden, but the Court, observing that his agreement was not contingent upon resolution of Ms. Himmelwright’s claim, saw no reason to reject the Commissioner’s concession. See id. A similar viewpoint was taken by the Court of Appeals for the Ninth Circuit, to which appeal in the instant case would normally lie. See Estate of Ravetti v. United States, supra at 1395-1396. In Estate of Ravetti v. United States, supra at 1395, the Court of Appeals noted the basic proposition that “A taxpayer generally has no standing to challenge the tax liabilityPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011