Gwendolyn A. Ewing - Page 36




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          Treasury Department’s release of final regulations under section            
          6330, providing in relevant part that a taxpayer may demand a               
          face-to-face CDP hearing.  Sec. 301.6330-1(d)(2), Q&A-D6 and D7,            
          Proced. & Admin. Regs.  In contrast to the majority, the Treasury           
          Department has apparently recognized here that the Commissioner’s           
          assertion of a deficiency and the taxpayer’s making of an                   
          affirmative election under section 6015(b) or (c) are both                  
          prerequisites to relief under those subsections and that the                
          failure to meet either prerequisite forecloses any need to “first           
          examine both subsections (b) and (c) to determine whether relief            
          is available under those subsections”.  See also Fernandez v.               
          Commissioner, 114 T.C. 324, 331 (2000), whereat the Court stated:           
          “we conclude, before an individual may petition this court for              
          review of innocent spouse relief, including relief under                    
          subsection (f), such individual must make an election under                 
          subsections (b) and/or (c).”                                                
               This Court is not a Court of unlimited jurisdiction.  To the           
          contrary, this Court is a legislatively created (Article I) Court           
          that must acquire jurisdiction directly from Congress.  Freytag             
          v. Commissioner, 501 U.S. 868, 870 (1991); David Dung Le, M.D.,             
          Inc. v. Commissioner, 114 T.C. 268, 269 (2000), affd. 22 Fed.               
          Appx. 837 (9th Cir. 2001); see also sec. 7442.  When the Court              
          lacks jurisdiction over an issue, the Court does not have the               
          power to decide it.  Ins. Corp. of Ir., Ltd. v. Compagnie des               






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