Michael Vetrano and Patricia Vetrano - Page 10




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             but which remained unpaid as of such date.  See RRA 1998                 
             sec. 3201(g)(1), 112 Stat. 740.  Following passage of                    
             section 6015, petitioners could no longer seek relief from               
             joint and several liability for Mrs. Vetrano with respect                
             to their joint return for 1993 under former section                      
             6013(e).  See King v. Commissioner, 115 T.C. 118, 121                    
             (2000); Butler v. Commissioner, 114 T.C. 276, 282 (2000);                
             cf. Miller v. Commissioner, 115 T.C. 582 (2000).                         
                  As mentioned above, Mrs. Vetrano elected relief under               
             section 6015 in petitioners' posttrial brief.  Petitioners'              
             entire argument regarding Mrs. Vetrano's eligibility for                 
             relief under section 6015 is as follows:                                 

                       Should this Court determine that Mr. Vetrano                   
                  received the income from BMAP in 1993 and that                      
                  Mrs. Vetrano is not entitled to the protection                      
                  afforded to her under 26 U.S.C. � 6013(e),                          
                  Mrs. Vetrano hereby elects relief from the joint                    
                  liability on the 1993 return under 26 U.S.C. �                      
                  6015.  A copy of that provision is attached as                      
                  Exhibit "A".  Pursuant to � 6015(c)(3)(A)(i)(I),                    
                  Mrs. Vetrano is "legally separated from"                            
                  Mr. Vetrano.  Attached as Exhibit "B" is a copy                     
                  of the divorce complaint which was filed against                    
                  her husband in the Camden County Superior Court                     
                  on August 7, 1998.  [Emphasis supplied.]                            

             Petitioners did not seek to formally amend their petition                
             to include relief under section 6015 as an issue in this                 
             case, but the parties and the Court have treated it as                   
             having been placed at issue.  In these circumstances, we                 






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