Michael Vetrano and Patricia Vetrano - Page 7




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             items giving rise to the tax deficiency should be allocated              
             to her since she actively participated in the fraud."                    
                  Following release of Vetrano I, the Court issued an                 
             order directing the parties to advise the Court of the                   
             action necessary to decide the issue of Mrs. Vetrano's                   
             relief from joint and several liability with respect to                  
             petitioners' joint return for 1993.  Through her attorney,               
             Mrs. Patricia Vetrano filed a response asking the Court                  
             "to withdraw, without prejudice, her request that the Tax                
             Court rule whether or not she is entitled to * * * [such]                
             relief."                                                                 
                  In response to the Court's order, respondent asked                  
             the Court not to permit Mrs. Vetrano to withdraw the issue               
             from the case without prejudice.  According to respondent,               
             Mrs. Vetrano "cannot withdraw her * * * claim because the                
             Internal Revenue Service has already made a determination                
             that her claim is denied."  Respondent also asked the Court              
             to deny Mrs. Vetrano's claim for relief under section                    
             6015(b) principally on the ground that there is sufficient               
             evidence in the record to show that at the time she signed               
             the return for 1993, she knew of each income item giving                 
             rise to the deficiency for that year.                                    
                  In discussing section 6015(c), respondent repeated the              
             argument made in respondent's reply brief that Mrs. Vetrano              






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