- 17 - decision representing a concession that she has no liability for any amount of the deficiency or penalty in dispute. Respondent made no determination whether petitioner wife qualifies for relief under section 6015(b). With leave of the Court, petitioner wife amended her petition, requesting the Court to require respondent to make a determination under former section 6013(e) and/or section 6015(b).9 The controversy before the Court concerns petitioner wife’s liability for the deficiency respondent determined for taxable year 1990. Respondent’s concession under section 6015(c) relieves petitioner wife of all liability for taxable year 1990 and resolves the controversy between her and respondent that is before us. Cf. LTV Corp. v. Commissioner, 64 T.C. 589, 593 (1975). A decision regarding petitioner wife’s eligibility for relief under section 6015(b) would amount to an advisory opinion and would contravene the “sound principle of judicial administration that courts will not gratuitously decide complex 9 On brief, petitioner wife does not press the issue of her entitlement to relief under former sec. 6013(e), and we deem her to have conceded it. In any event, since the disputed tax liability arose before July 22, 1998, but remained unpaid as of that date, former sec. 6013(e) is no longer effective with respect to the instant case, which is governed instead by the provisions of sec. 6015. See Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3201(e)(1), 112 Stat. 734.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011