- 31 - petitions the Court under section 6015(e), the Court may always decide whether the individual qualifies for relief under section 6015 as to either a deficiency or an underpayment. and who elects to have subsection (b) or In order to In order to (c) apply acquire jurisdiction acquire jurisdiction under section under section 6015(e), the Court 6015(e), the Court must find that the never need find that petitioning the petitioning individual made an individual made an election under election under subsection (b) or subsection (b) or (c). As this Court (c). This language stated in Fernandez is surplusage in v. Commissioner, that the 114 T.C. 324, 331 Commissioner must (2000), “before an always, including individual may where the individual petition this court has requested only for review of equitable relief innocent spouse under section relief, including 6015(f), treat the relief under individual’s request subsection (f), such as an election under individual must make subsection (b) and an election under (c). This treatment subsections (b) ipso facto meets the and/or (c).” requirement of this (Emphasis added.) language. * * * the individual may In order to In order to petition the Tax acquire jurisdiction acquire jurisdiction Court (and the Tax under section under section Court shall have 6015(e), the Court 6015(e), the Court jurisdiction) must find that the never need find that petitioning the petitioning individual is the individual is the same individual individual againstPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
Last modified: May 25, 2011