- 32 - against whom a whom a deficiency is deficiency was asserted or who made asserted and who an election under made the election subsection (b) or under subsection (b) (c). The Court has or (c). The jurisdiction “individual” whenever an referenced in this individual petitions language is the same the Court under “individual” section 6015(e) to described in the decide any claim for prefatory language relief under section in section 6015. The 6015(e)(1). “individual” who may petition the Court is not necessarily the same “individual” described in the prefatory language in section 6015(e)(1). to determine the When the The phrase “under appropriate relief individual described this section” means available to the in the prefatory that the Court may individual under language in section decide the this section if such 6015(e)(1) files a appropriate relief petition is filed * timely petition with as to any * * [timely]. the Court under petitioning section 6015(e), and individual who files the Court therefore a timely petition has jurisdiction, under section the Court may decide 6015(e). that the individual is entitled to any form of relief under section 6015. As I see it, the controlling fact in this case is that petitioner requested from the Commissioner solely equitable relief under section 6015(f).1 The majority sees it differently. 1 As discussed infra, Congress provided in sec. 6015 three (continued...)Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
Last modified: May 25, 2011