Gwendolyn A. Ewing - Page 16




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          389 U.S. 332, 336 (1967); Piedmont & N. Ry. Co. v. ICC, 286 U.S.            
          299, 311-312 (1932)).                                                       
               Our interpretation of section 6015(e) concerns the new                 
          language “against whom a deficiency has been asserted”.  However,           
          section 6015(e)(1)(A) still contains the provision giving this              
          Court jurisdiction “to determine the appropriate relief available           
          to the individual under this section” (emphasis added), which, as           
          previously explained, we have held gives us jurisdiction over the           
          propriety of equitable relief under section 6015(f).  Equitable             
          relief under section 6015(f) is, and always has been, available             
          in nondeficiency situations.  Under these circumstances, the                
          amendment to section 6015(e)(1) referring to situations where “a            
          deficiency has been asserted” and the retention of the language             
          in that same section giving us jurisdiction over “the appropriate           
          relief available to the individual under this section” creates an           
          ambiguity.  Therefore, it is appropriate to consult the                     
          legislative history of the amendment made by the Consolidated               
          Appropriations Act, 2001.                                                   
               The conference report accompanying the Consolidated                    
          Appropriations Act, 2001, provides the following discussion                 
          regarding the amendment of section 6015(e):                                 
                    Timing of request for relief.--Confusion currently                
               exists as to the appropriate point at which a request                  
               for innocent spouse relief should be made by the                       
               taxpayer and considered by the IRS.  Some have read the                
               statute to prohibit consideration by the IRS of                        
               requests for relief until after an assessment has been                 





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