- 5 - second letter, respondent informed petitioner that Ms. Maier’s claim for relief from joint and several liability for the taxable years 1991, 1992, 1993, and 1994 had been granted under section 6015(f).2 On December 24, 2001, respondent issued to petitioner a notice of change to his account for the taxable year 1990 stating that he owed $26,077.75, consisting of tax, a penalty for late payment, and interest. On March 6, 2002, petitioner filed a petition with the Court styled “PETITION FOR DETERMINATION OF RELIEF FROM JOINT AND SEVERAL LIABILITY ON A JOINT RETURN”.3 The petition states that petitioner disagrees with respondent’s determination granting Ms. Maier relief from joint and several liability for the taxable years 1990 to 1994. In response to the petition, respondent filed a motion to dismiss for lack of jurisdiction. Respondent contends that the Court lacks jurisdiction in this case because petitioner has not filed a claim for relief from joint and several liability, respondent has not issued to petitioner a notice of deficiency 2 Sec. 6015(f) provides that the Commissioner may grant a taxpayer relief from joint and several liability on a joint return if, taking into account all the facts and circumstances, it is inequitable to hold the individual liable for any unpaid tax or any deficiency, and the taxpayer is not eligible for relief under subsec. (b) or (c). 3 At the time the petition was filed, petitioner resided in Kingston, New York.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011