Gwendolyn A. Ewing - Page 32




                                       - 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