Gwendolyn A. Ewing - Page 30




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          reach a conclusion that the majority considers more practical               
          than the plain meaning application that the text demands.  As               
          explained by the majority, some of these statements either do not           
          apply to a finding that the Court has jurisdiction over this case           
          or are statutory surplusage.  Although in the latter regard the             
          majority is careful not to use the term “surplusage”, the                   
          majority declines to apply part of the statements asserting that            
          the language therein must apply in all cases.  Such reasoning is            
          akin to labeling the parts surplusage.                                      
               I summarize a plain reading of the separate statements and             
          the majority’s reading of these statements as follows:                      
          Statutory Text        A Plain Reading         Majority’s Reading            
          In the case of                                                              
          an individual                                                               
                                In order to            In order to                    
                                acquire jurisdiction   acquire jurisdiction           
                                under section          under section                  
                                6015(e), the Court     6015(e), the Court             
                                must find that the     must find that the             
                                petitioning taxpayer   petitioning taxpayer           
                                is an individual.      is an individual.              
          against whom a                                                              
          deficiency has been   In order to            In order to                    
          asserted              acquire jurisdiction   acquire jurisdiction           
                                under section          under section                  
                                6015(e), the Court     6015(e), the Court             
                                must find that the     never need find that           
                                Commissioner has       the Commissioner has           
                                asserted a             asserted a                     
                                deficiency against     deficiency against             
                                the petitioning        the petitioning                
                                individual.            individual.  This              
                                                       language is not a              
                                                       jurisdictional                 
                                                       requirement.  When             
                                                       an individual                  





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