- 13 - the conference report provides that “The conference agreement follows the House Bill and the Senate amendment with respect to procedural rules, including the jurisdiction of the Tax Court to review matters relating to this provision.” H. Conf. Rept. 105- 599, supra at 255, 1998-3 C.B. at 1009 (emphasis added). The references to “this area” and “this provision” reflect Congress’s intent that our jurisdiction extend to claims arising under all three subsections of section 6015, including claims for relief in nondeficiency situations. Had Congress intended to limit our jurisdiction to deficiency situations only, presumably it would not have used such broad terms as “this area” and “this provision” to describe the scope of our authority to review claims for relief from joint and several liability. See, e.g., Fernandez v. Commissioner, 114 T.C. at 331 (interpreting reference to “this section” in section 6015(e)(1)(A) to encompass 8(...continued) that is a spouse’s (or former spouse’s) responsibility. First, the provision establishes a separate liability election for a taxpayer who is no longer married to, is legally separated from, or has been living apart at all times for at least 12 months from the person with whom the taxpayer originally filed the joint return. Second, the provision expands the circumstances in which innocent spouse relief similar to that available under prior law is available. Third, the provision authorizes the Secretary to provide equitable relief in appropriate situations. The provision also establishes jurisdiction in the Tax Court over disputes arising in this area. [Staff of Joint Comm. on Taxation, General Explanation of Tax Legislation Enacted in 1998, at 67 (J. Comm. Print 1998); emphasis added.]Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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