- 15 - jurisdiction for the purpose of reviewing respondent’s administrative determination. Section 6015(h)(2) contemplates that petitioner be given notice of, and the opportunity to participate in, administrative proceedings addressing Ms. Maier’s election to claim relief from joint and several liability.7 The record shows that petitioner was notified of Ms. Maier’s claim and that he was permitted to submit information to respondent relative to that claim. Although petitioner remains dissatisfied with the level of participation afforded him during the administrative process, there is no directive in section 6015, or any other statutory 7 Sec. 1.6015-6(a)(1), Income Tax Regs., provides in pertinent part: �1.6015-6. Nonrequesting spouse’s notice and opportunity to participate in administrative proceedings.–-(a) In general–-(1) When the Secretary receives an election under �1.6015-2 or 1.6015-3, or a request for relief under �1.6015-4, the Secretary must send a notice to the nonrequesting spouse’s last known address that informs the nonrequesting spouse of the requesting spouse’s claim for relief. The notice must provide the nonrequesting spouse with an opportunity to submit any information that should be considered in determining whether the requesting spouse should be granted relief from joint and several liability. A nonrequesting spouse is not required to submit information under this section. * * * (2) The Secretary must notify the nonrequesting spouse of the Secretary’s final determination with respect to the requesting spouse’s claim for relief under section 6015. * * * Sec. 1.6015-6(b), Income Tax Regs., sets forth a nonexclusive list of the matters that a nonrequesting spouse might include in information submitted to the Secretary.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