Kathy A. King - Page 4




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          Respondent assessed the deficiency against Mr. Freeman.  No                   
          portion of the assessment has been paid by Mr. Freeman, nor has               
          he challenged the assessment in any other court.                              
               Petitioner has not challenged the disallowed farming                     
          activity loss.  The only claim being made by petitioner is that               
          she is entitled to relief from joint liability.  The case was                 
          tried before Special Trial Judge Couvillion on January 12, 1998.              
          Mr. Freeman was not called to testify and made no appearance                  
          until the instant motion.  At the time of the trial, section 6013             
          contained the provisions governing relief from joint liability or             
          what has come to be known as “innocent spouse” relief.                        
          Approximately 6 months after the trial, section 6013(e) was                   
          repealed and replaced with section 6015.  See Internal Revenue                
          Service Restructuring and Reform Act of 1998 (RRA 1998), Pub. L.              
          105-206, sec. 3201, 112 Stat. 685, 734.  The RRA 1998 generally               
          revised and expanded the relief available to joint filers.                    
          Moreover, the RRA 1998 gave section 6015 retroactive effect in                
          that it was made applicable to any liability for tax arising                  
          after July 22, 1998, and to any liability for tax arising on or               
          before such date that remained unpaid as of July 22, 1998.  See               
          RRA 1998, sec. 3201(g)(1), 112 Stat. 740; Corson v. Commissioner,             
          114 T.C. 354, 359 (2000).                                                     









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