Gwendolyn A. Ewing - Page 4




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          entitled to “no relief from tax under section 6015" because                 
          petitioner had knowledge of the liability and was still married             
          and living with her husband.  The notice of determination was not           
          sent to petitioner’s last known address.                                    
               Petitioner filed a petition to this Court pursuant to                  
          section 6015(e) seeking review of respondent’s denial of relief             
          from joint and several liability.  The petition was received and            
          filed on February 7, 2001, 99 days after the date respondent                
          mailed the notice of determination.  The envelope containing the            
          petition was postmarked January 31, 2001, 92 days after the date            
          respondent mailed the notice of determination.  The date shown on           
          the petition was January 27, 2001, 88 days after the date                   
          respondent mailed the notice of determination.                              
                                     Discussion                                       
               Under present law, there are three primary jurisdictional              
          bases upon which this Court may review a claim for relief from              
          joint and several liability.  First, a claim may be raised as an            
          affirmative defense in a petition for redetermination of a                  
          deficiency filed pursuant to section 6213(a).  Butler v.                    
          Commissioner, 114 T.C. 276, 287-288 (2000).  A second basis upon            
          which we may exercise jurisdiction is contained in section                  
          6015(e).  This provision allows a spouse who has requested relief           
          to petition the Commissioner’s denial of relief, or to petition             
          the Commissioner’s failure to make a timely determination.  Such            






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