Kathy A. King - Page 10




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          liability.  Respondent separately negotiated settlements with the             
          parties that included, for the former wife, relief from joint                 
          liability.  The granting of this relief was not previously                    
          disclosed to her former husband.  When the former husband became              
          aware of this concession, he refused to agree to the negotiated               
          settlement, whereupon respondent filed a motion for entry of                  
          decision.  In Corson, we noted that, in the context of a stand-               
          alone proceeding under section 6015(e)(1)(A), the other spouse is             
          entitled to notice and the opportunity to participate in the                  
          consideration of the claim for relief by the electing spouse at               
          both the administrative level and in any subsequent judicial                  
          proceeding before this Court.  See section 6015(e)(4), (g)(2).                
          Even though Corson did not arise as a stand-alone proceeding, we              
          held that, pursuant to section 6015, the husband was entitled to              
          be heard on the question of his former wife’s claim for relief                
          from joint liability.                                                         
               In the instant case, the claim for relief from joint                     
          liability arises, as in Corson, in the context of a deficiency                
          proceeding.  However, unlike Corson, in this case Mr. Freeman is              
          not a petitioner in this deficiency proceeding.  Mr. Freeman did              
          not file a petition and, as a result, the deficiency was assessed             
          against him.  In our view, this difference is not a material                  
          distinction for purposes of deciding whether to allow Mr. Freeman             







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