120 T.C. No. 4 UNITED STATES TAX COURT EVELYN B. BLOCK, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 5676-02. Filed January 23, 2003. P requested relief from joint and several income tax liability pursuant to sec. 6015, I.R.C., regarding taxes that had been previously assessed for the taxable years 1983 and 1984. R issued a notice of determination denying P’s request, and pursuant to sec. 6015(e), I.R.C., P filed a timely petition seeking review of R’s determination. Thereafter, P moved to amend her petition pursuant to Rule 41(a), Tax Court Rules of Practice and Procedure, in order to claim that “The statute of limitation bars the assessment of the underlying income tax liabilities for 1983 and 1984.” R opposed the amendment, arguing that sec. 6015(e), I.R.C., grants this Court jurisdiction to determine whether R’s denial of relief from joint and several tax liability, as provided in sec. 6015, I.R.C., was erroneous. R argues that since the expiration of the period of limitations to assess the underlying tax is not a ground for relief under sec. 6015, I.R.C., this Court is without jurisdiction to determine the issue.Page: 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011