Diane Fernandez - Page 1
















                                   114 T.C. No. 21                                    


                               UNITED STATES TAX COURT                                


                           DIANE FERNANDEZ, Petitioner v.                             
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      


               Docket No. 16710-99.                     Filed May 10, 2000.           

                    P submitted a request to R for innocent spouse                    
               relief pursuant to sec. 6015(b), (c), and (f), I.R.C.                  
               R mailed to P a determination which denied the                         
               requested relief.  P filed a timely petition with the                  
               Court pursuant to sec. 6015(e), I.R.C. P seeks review                  
               of R’s denial of relief under sec. 6015(b), (c), and                   
               (f), I.R.C.  R moved to dismiss for lack of                            
               jurisdiction and to strike as to sec. 6015(f), I.R.C.                  
               R further moved to strike certain allegations of fact                  
               raised by P in the petition.                                           
                    Held: We have jurisdiction to review a request for                
               innocent spouse relief under sec. 6015(f), I.R.C., when                
               P makes a requisite election under sec. 6015(b) and/or                 
               (c), I.R.C., and files a timely petition with the Tax                  
               Court pursuant to sec. 6015(e), I.R.C.  See Butler v.                  
               Commissioner, 114 T.C. ___ (2000).  Accordingly, R’s                   
               motion to dismiss for lack of jurisdiction and to                      
               strike is denied.  Held, further, allegations of fact                  
               raised in the petition are relevant to P’s request for                 






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