Diane Fernandez - Page 3




                                        - 3 -                                         
          Background                                                                  
               In March 1999, petitioner submitted to respondent a request            
          for relief from joint and several liability for taxable year 1988           
          under section 6015(b), (c), and (f).  In a letter dated July 27,            
          1999, respondent denied the requested relief.1  The determination           
          letter advised that petitioner was not entitled to relief and               
          included the following explanation: “Because the taxpayer Diane             
          Fernandez had actual and constructive knowledge of the Capital              
          Gains and the tax underpayment.  In addition, the petitioning               
          spouse received a significant financial benefit when she received           
          sales proceeds of $19,532.13 in tax year 1988.”                             
               On October 28, 1999, petitioner filed a timely petition with           
          this Court pursuant to section 6015(e) to review respondent’s               
          denial of relief.  Petitioner asserts entitlement to relief under           
          section 6015(b), (c), and (f).  The petition sets forth several             
          bases of error by respondent and alleges facts in support of such           
          bases.  Two of such allegations of fact are:                                



               1    Petitioner asserts in the petition that the                       
          determination letter was mailed to petitioner and her agent on              
          Oct. 6, 1999.  Respondent, in his answer to the petition, denies            
          for lack of sufficient information whether a copy of the                    
          determination was mailed on Oct. 6, 1999.  Respondent did not               
          provide any evidence of the mailing date of the July 27, 1999,              
          letter.  While the record is not clear as to the mailing date of            
          respondent’s determination letter, we note that the petition,               
          which was postmarked Oct. 25, 1999, and received by the Court on            
          Oct. 28, 1999, would be timely even assuming the determination              
          letter was mailed on July 27, 1999.  See secs. 6015(e)(1), 7502.            





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011