Michael Vetrano and Patricia Vetrano - Page 11




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             treat Mrs. Vetrano's election of relief under section 6015               
             as an amendment to the petition placing section 6015 at                  
             issue in these proceedings.  Cf. Corson v. Commissioner,                 
             114 T.C. 354, 363-364 (2000); Charlton v. Commissioner,                  
             114 T.C. 333, 338-339 (2000).                                            
                  The first issue for decision in this Supplemental                   
             Opinion is Mrs. Vetrano's request to withdraw, without                   
             prejudice, the issue of whether she is entitled to relief                
             from joint and several liability under section 6015.  By                 
             asking to withdraw this issue "without prejudice", it is                 
             evident that Mrs. Vetrano wants to preserve her right to                 
             elect relief under section 6015(b) or (c) at a later time.               
                  In considering Mrs. Vetrano's request, we note section              
             6015(g)(2), which provides as follows:                                   

                       Res judicata.-–In the case of any election                     
                  under subsection (b) or (c), if a decision of a                     
                  court in any prior proceeding for the same                          
                  taxable year has become final, such decision                        
                  shall be conclusive except with respect to the                      
                  qualification of the individual for relief which                    
                  was not an issue in such proceeding.  The                           
                  exception contained in the preceding sentence                       
                  shall not apply if the court determines that the                    
                  individual participated meaningfully in such                        
                  prior proceeding.                                                   

             The above provision prescribes the effect that a final                   
             court decision for a particular taxable year will have on                
             a subsequent election by the taxpayer under subsection (b)               






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