Gwendolyn A. Ewing - Page 13




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          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.]                                





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