Thomas J. Fisher and Ann M. Fisher, et al. - Page 9




                                        - 9 -                                         
               Petitioner Mrs. Fisher’s claims for innocent spouse relief             
          for 1983 and later years and petitioners’ claims for abatement of           
          interest and for attorney’s fees are all premature and therefore            
          will be denied.  Any innocent spouse relief available to                    
          Mrs. Fisher relating to partnership items under the Tax Equity              
          and Fiscal Responsibility Act of 1982, Pub. L. 97-248, 96 Stat.             
          324 (such as the White Rim and Syn-Fuel investments for 1983,               
          1984, and 1985), would be governed by the separate and                      
          independent proceedings described in section 6230(a)(3).                    
               Any abatement of interest that might be available to                   
          petitioners would be governed by the separate proceedings                   
          described in section 6404(e).  See Bourekis v. Commissioner,                
          110 T.C. 20, 26 (1998).                                                     
               In light of our denial of petitioners’ motions for entry of            
          decisions, petitioners do not qualify as prevailing parties, and            
          we deny petitioners’ motions for attorney’s fees.  See sec. 7430.           
               To reflect the foregoing,                                              

                                             An appropriate order will                
                                        be issued in docket No. 27394-86;             
                                        and orders and decisions will be              
                                        entered in docket Nos. 5879-89,               
                                        25436-90, and 1321-92.                        









Page:  Previous  1  2  3  4  5  6  7  8  9  

Last modified: May 25, 2011