- 10 - former section 6013. Petitioner claims that the facts on which this Court based its opinion were open and obvious and gave no reason for respondent to refuse to grant relief. Finally, petitioner contends that caselaw under former section 6013(e) and current section 6015 lead to the conclusion that relief from joint and several liability was warranted in this case. In making her claim for litigation costs, petitioner does not argue that respondent was not substantially justified in determining the amounts of the deficiencies, additions to tax, and penalties contained in the notices of deficiency. Rather, petitioner’s claim is based on respondent’s position with respect to whether petitioner was entitled to relief from joint and several liability for the deficiencies, additions to tax, and penalties.9 Thus, the relevant inquiry is whether respondent’s position regarding petitioner’s entitlement to such relief was substantially justified. In their original petitions filed in 1993 and 1994, petitioner and Mr. Rowe disputed all the determinations contained 8(...continued) substantial understatement; and (4) under the circumstances it would be inequitable to hold the spouse seeking relief liable for the substantial understatement. 9We note that petitioner’s motion specifically addresses only the issues argued on brief by the parties and addressed by this Court in Rowe I. Petitioner’s motion does not specifically allege that respondent was not substantially justified with respect to the items for which he granted petitioner relief under sec. 6015.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011