- 10 - added.) Consistent with section 6015(e)(4), the Tax Court promulgated Rule 325(b), which permits the “other individual” to file a notice of intervention. Reading section 6015(e) as a whole and in conjunction with Rule 325(b), it is clear that intervention by a nonelecting spouse presumes an existing proceeding (i.e., a deficiency, stand-alone, or collection review proceeding) brought by an electing spouse. In the instant case, there is no existing proceeding in which petitioner may intervene.5 Petitioner contends that respondent’s administrative determination granting Ms. Maier relief from joint and several liability violates the principle of res judicata embodied in section 6015(g)(2).6 Petitioner also contends that respondent 5 Our holding that sec. 6015(e) does not contemplate the present action is borne out by the host of ancillary issues that would arise if the Court were to exercise jurisdiction. From a procedural standpoint, we note that sec. 6015 does not establish a time limit within which a nonelecting spouse may file such an action. Along the same lines, there is no provision describing the impact, if any, that the Court’s review of such matters might have on the rights of an electing spouse who is granted relief from joint and several liability during the administrative process. We do not believe that Congress intended to cloud the process with such uncertainty and ambiguity. 6 Sec. 313(a)(2)(A) of the Consolidated Appropriations Act of 2001, Pub. L. 106-554, 114 Stat. 2763, redesignated former subsec. (g) as subsec. (h) and inserted after subsec. (f) a new subsec. (g) which provides in pertinent part: SEC. 6015(g) Credits And Refunds.-- * * * * * * * (continued...)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