- 30 - 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 individualPage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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