John F. Heyse - Page 5




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          Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3201,           
          112 Stat. 685, 734.  The provision provides relief from joint and           
          several liability for certain taxpayers who file a joint Federal            
          income tax return.  In general terms, there are three avenues of            
          relief under section 6015:  Section 6015(b) may provide relief              
          with respect to certain erroneous items on the return, section              
          6015(c) may provide for a separation of liability for separated             
          taxpayers, and section 6015(f) may provide equitable relief for             
          taxpayers who otherwise do not qualify for relief under either of           
          the other two provisions.  As a general rule, taxpayers who                 
          qualify for relief under section 6015(b) or (f)--but not section            
          6015(c)--are entitled to a refund or credit attributable to the             
          application of section 6015.  Sec. 6015(g)(1), (3).                         
               After a taxpayer requests relief under section 6015, the               
          taxpayer may petition this Court for a review of respondent’s               
          subsequent determination.  Sec. 6015(e)(1)(A).  Our jurisdiction            
          in cases brought under section 6015(e)(1) encompasses a review of           
          respondent’s determination with respect to all relief afforded by           
          section 6015.  Fernandez v. Commissioner, 114 T.C. 324, 331                 
          (2000).  Thus, we have jurisdiction to review respondent’s                  
          determination that no refund is due petitioner pursuant to                  
          section 6015(g)(3).  However, we note that we have jurisdiction             
          with respect to only a portion of the tax liability at issue in             
          this case.  Overpayments which are credited to another year’s tax           






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