Michael Vetrano and Patricia Vetrano - Page 15




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             proceeding to elect relief under section 6015(b) or (c), as              
             long as the individual's qualification for relief under                  
             section 6015(b) or (c) was not an issue in the prior court               
             proceeding.                                                              
                  Petitioners raised Mrs. Vetrano's qualification for                 
             relief under both section 6015(b) and (c) as an issue in                 
             this proceeding.  Section 6015(g)(2) governs the effect                  
             that a final decision in this case will have on a later                  
             election by Mrs. Vetrano under section 6015(b) or (c).                   
             We have no authority to override section 6015(g)(2) or                   
             vary its terms.  Thus, we have no authority to grant                     
             Mrs. Vetrano's request for leave to withdraw her election                
             under section 6015 as an issue in this case "without                     
             prejudice".  Accordingly, we consider Mrs. Vetrano's                     
             election of relief from joint and several liability under                
             section 6015.  Moreover, the concerns about judicial                     
             economy as expressed by Congress in the legislative                      
             history, the Consolidated Appropriations Act, 2001, quoted               
             above, and fairness to the parties support our reaching the              
             issue on the merits.                                                     
                  In making her election under section 6015,                          
             Mrs. Vetrano did not limit the election to subsection (b)                
             or subsection (c).  We shall treat it as an election under               
             both subsections.  The second issue in this Supplemental                 






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