- 8 - respect to respondent’s motion. The validity of the underlying tax liability for 1990 is not at issue here. Consequently, we shall review the determinations set forth in the notice of determination under an abuse-of- discretion standard. See Sego v. Commissioner, 114 T.C. 604, 610 (2000). In support of his position that the Appeals Office erred in determining that respondent may proceed to collect from him the unpaid portion of the assessed 1990 tax deficiency, petitioner argues that respondent should have given him notice of and an opportunity to participate in the administrative proceedings regarding Ms. Bacon’s application for relief from joint and several liability with respect to that deficiency and that respondent should not have granted such relief to Ms. Bacon. In respondent’s motion, respondent counters: 7. Petitioner does not have standing to challenge respondent’s determination that his former wife is an innocent spouse. See Estate of Ravetti v. United States, 37 F.3d 1393 (9th Cir. 1994) and Garvey v. Commissioner, T.C. Memo. * * * [1993-354]. * * * * * * * 10. In the instant case, * * * the Commissioner granted innocent spouse relief to petitioner’s former wife before the enactment of the Internal Revenue Restructuring and Reform Act of 1998. Thus, peti- tioner’s former wife never made an election under I.R.C. � 6015(b) or (c), section 6015(e)(4) does not apply to this case, and the pre-1998 Act precedent of Estate of Ravetti and Garvey, supra, forecloses peti- tioner’s challenge to his former wife’s innocent spouse status.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011