- 12 - Secretary to prescribe regulations.6 Therefore, we believe that it is necessary to provide a spouse (or former spouse) with both notice of, and an opportunity to be heard in, any case where the other spouse (or former spouse) is claiming relief from joint liability under section 6015. As we stated in Corson v. Commissioner, supra at 364: Principally, we believe that the interests of justice would be ill served if the rights of the nonelecting spouse were to differ according to the procedural posture in which the issue of relief under section 6015 is brought before the Court. Identical issues before a single tribunal should receive similar treatment. * * * Accordingly, we shall grant Mr. Freeman’s motion and allow him to intervene in order to have an opportunity to challenge petitioner’s claim for relief. The record in this case will be reopened, and the case will be calendared for further trial solely with respect to petitioner's claim for relief from joint liability. 6Sec. 6015(g) provides: (g) Regulations.--The Secretary shall prescribe such regulations as are necessary to carry out the provisions of this section, including-- * * * * * * * (2) regulations providing the opportunity for an individual to have notice of, and an opportunity to participate in, any administrative proceeding with respect to an election made under subsection (b) or (c) by the other individual filing the joint return.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011