Gwendolyn A. Ewing - Page 33




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          The majority concludes that the Court has jurisdiction over this            
          case because, they find, the Commissioner (1) treated                       
          petitioner’s request solely for equitable relief as a request for           
          all three types of relief under section 6015 and (2) considered             
          whether petitioner qualified for any of those types of relief.              
          The majority understands that the so-found Commissioner’s                   
          treatment of petitioner’s request is dictated by the                        


               1(...continued)                                                        
          distinct types of relief from joint liability, the first in sec.            
          6015(b), the second in sec. 6015(c), and the third in sec.                  
          6015(f).  Congress referred to these respective types of relief             
          as modified innocent spouse relief contained in the House bill,             
          the separate liability election contained in the Senate                     
          amendment, and equitable relief contained in the conference                 
          agreement.  The majority makes no mention of the distinction that           
          Congress drew between these three types of relief, a distinction            
          which, as discussed herein, has been recognized not only by                 
          Congress, but by the Joint Committee of Taxation and the Treasury           
          Department as well.  As I read the majority opinion, the Court’s            
          jurisdiction to decide this case involving solely equitable                 
          relief is found in the fact that the Senate amendment gave the              
          Court jurisdiction over all forms of relief set forth in the                
          amendment and “The Senate amendment * * * [included] an                     
          ‘Equitable Relief’ provision similar to what is now contained in            
          section 6015(f)”.  Majority op. p. 11.  I disagree with the                 
          majority that the Senate amendment gave the Court jurisdiction              
          over a claim for equitable relief under sec. 6015(f) in the case            
          of a stand-alone petition.  The Senate’s equitable relief                   
          provision was never adopted by the conferees.  The mere fact that           
          the Senate amendment may have been “similar” to the conferees’              
          equitable relief provision, an assertion made by the majority but           
          to which I disagree (but for the fact that both provisions are              
          called “equitable relief”), does not mean that the conferees                
          intended that their equitable relief provision, which was not               
          contained in either the House bill or the Senate amendment, would           
          follow the jurisdictional rules set forth in the Senate                     
          amendment.  The equitable relief provision contained in sec.                
          6015(f) arose in conference, and the conferees never provided               
          that the Court would have jurisdiction as to that provision in              
          the case of a stand-alone petition.                                         





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