Michael Vetrano and Patricia Vetrano - Page 13




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             provided by section 6015(e), sometimes referred to as a                  
             stand-alone proceeding, was not the exclusive procedure for              
             review of issues involving section 6015 but was an                       
             additional avenue "by which innocent spouse relief could be              
             considered."  See H. Conf. Rept. 106-1033, at 1023 (2000).               
             To effectuate that intent, Congress deleted the reference                
             to the Tax Court in the above res judicata provision so                  
             that it would apply to a final decision of any court, and                
             Congress moved the provision from subsection (e) of section              
             6015, which applies only to the Tax Court, to subsection                 
             (g).  See Consolidated Appropriations Act, 2001, Pub. L.                 
             106-554, sec. 1(a)(7), 114 Stat. 2763. (Hereinafter                      
             referred to as Consolidated Appropriations Act, 2001).                   
             This amendment to RRA 1998 became effective on December 21,              
             2000.  See id., sec. 313(f), 114 stat. 2763A-643.                        
                  In discussing the proper time to elect relief under                 
             section 6015, the conference report that accompanied the                 
             Consolidated Appropriations Act, 2001, states as follows:                

                  Congress did not intend that taxpayers be                           
                  prohibited from seeking innocent spouse relief                      
                  until after an assessment has been made; Congress                   
                  intended the proper time to raise and have the                      
                  IRS consider a claim to be at the same point                        
                  where a deficiency is being considered and                          
                  asserted by the IRS.  This is the least                             
                  disruptive for both the taxpayer and the IRS                        
                  since it allows both to focus on the innocent                       
                  spouse issue while also focusing on the items                       
                  that might cause a deficiency.  It also permits                     





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