Gwendolyn A. Ewing - Page 11




                                       - 11 -                                         
          for Tax Court review in situations involving both deficiencies              
          and underpayments of tax shown on the return.  Id. at 56, 1998-3            
          C.B. at 592.  The Senate amendment also added an “Equitable                 
          Relief” provision similar to what is now contained in section               
          6015(f), providing equitable relief “for any unpaid tax or any              
          deficiency”.  144 Cong. Rec. S4577 (daily ed. May 8, 1998).  The            
          Senate amendment also provided for Tax Court jurisdiction “In the           
          case of an individual who elects to have this section [section              
          6015] apply”.  Id.  The conference agreement did not include the            
          portion of the Senate amendment applying the separate liability             
          election in situations where the tax shown on the return was not            
          paid with the return.  However, the conference agreement added              
          section 6015(f) which, like the Senate amendment, allows                    
          equitable relief for unpaid tax shown on the return.  H. Conf.              
          Rept. 105-599, at 254 (1998), 1998-3 C.B. 755, 1008.  The                   
          conference agreement followed the Senate amendment in                       
          establishing Tax Court jurisdiction in this area.  Id.                      
               The following language contained in the conference report              
          supports our view that, in enacting section 6015, Congress                  
          intended for this Court to have jurisdiction over situations                
          involving any claim for relief from joint and several liability,            
          including nondeficiency situations where an individual is seeking           
          relief only for an underpayment of tax shown on a joint return:             








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011