Michael Vetrano and Patricia Vetrano - Page 14




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                  every issue, including the innocent spouse issue,                   
                  to be resolved in single administrative and                         
                  judicial process.  The bill clarifies the                           
                  intended time by permitting the election under                      
                  (b) and (c) to be made at any point after a                         
                  deficiency has been asserted by the IRS.                            
                  [Emphasis supplied.]                                                

             H. Conf. Rept. 106-1033, at 1023 (2000).  Thus, Congress                 
             expressed the view that taxpayers should be limited to a                 
             single administrative and judicial process to resolve                    
             issues under section 6015.                                               
                  Before section 6015(g)(2) and its predecessor were                  
             enacted, if a court decision had become final as to a                    
             particular taxable year, the taxpayer could be barred under              
             the doctrine of res judicata from seeking relief from joint              
             and several liability in a later proceeding for the same                 
             taxable year.  See, e.g., United States v. Bryant, 15 F.3d               
             756, 758 (8th Cir. 1994); United States v. Shanbaum, 10                  
             F.3d 305, 313-314 (5th Cir. 1994); United States v.                      
             Helmick, 58 AFTR2d 86-5280, 86-1 USTC par. 9450 (M.D. Pa.                
             1986).  See generally Commissioner v. Sunnen, 333 U.S. 591               
             (1948).  This was true whether or not relief from joint and              
             several liability had been an issue in the prior court                   
             proceeding.  See United States v. Shanbaum, supra.  Section              
             6015(g)(2) and its predecessor change the result that                    
             obtained under prior law by permitting an individual who                 
             had not participated meaningfully in the prior court                     





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