Gwendolyn A. Ewing - Page 31




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                                                       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 against             





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