John Maier III - Page 7




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               The Tax Court is a court of limited jurisdiction, and we may           
          exercise our jurisdiction only to the extent authorized by                  
          Congress.  Sec. 7442; Judge v. Commissioner, 88 T.C. 1175, 1180-            
          1181 (1987); Naftel v. Commissioner, 85 T.C. 527, 529 (1985).               
          Congress vested the Court with jurisdiction to review a                     
          taxpayer’s election to claim relief from joint and several                  
          liability on a joint return under specified circumstances.  See             
          King v. Commissioner, 115 T.C. 118, 121-122 (2000); Corson v.               
          Commissioner, 114 T.C. 354, 363-364 (2000).  A taxpayer may seek            
          relief from joint and several liability on a joint return by                
          raising the matter as an affirmative defense in a petition for              
          redetermination invoking the Court’s deficiency jurisdiction                
          under section 6213(a).  See Butler v. Commissioner, 114 T.C. 276,           
          287-289 (2000).  In addition, a taxpayer may file a so-called               
          stand-alone petition seeking relief from joint and several                  
          liability on a joint return where the Commissioner has issued a             
          final determination denying the taxpayer’s claim for such relief            
          or the Commissioner has failed to rule on the taxpayer’s claim              
          within 6 months of its filing.  See sec. 6015(e)(1); Mora v.                
          Commissioner, 117 T.C. 279 (2001).  Finally, a taxpayer may                 
          request relief from joint and several liability on a joint return           
          in a petition for review of a lien or levy action.  See secs.               
          6320(c), 6330(c)(2)(A)(i).                                                  








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