John Maier III - Page 5




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          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.                                                         





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