Evelyn B. Block - Page 2




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                    Held: Our jurisdiction under sec. 6015(e), I.R.C,                 
               is limited to reviewing R’s denial of relief available                 
               under sec. 6015, I.R.C., from an otherwise existing                    
               joint and several tax liability.  In an action brought                 
               under sec. 6015(e), I.R.C., we lack jurisdiction over                  
               whether the underlying assessment was barred by the                    
               statute of limitations.                                                
                    Held, further, Since the Court is without                         
               jurisdiction to decide whether the expiration of the                   
               period of limitations bars the assessment of the                       
               underlying tax liability, the proposed amendment to the                
               petition is improper, and P’s motion for leave to amend                
               is denied.                                                             

               Barry A. Furman, for petitioner.                                       
               James N. Beyer, for respondent.                                        

                                       OPINION                                        
               RUWE, Judge:  This matter is before the Court on                       
          petitioner’s motion for leave to amend petition pursuant to Rule            
          41(a).1  Petitioner timely filed her petition with this Court               
          pursuant to section 6015(e) seeking relief from her previously              
          assessed joint and several income tax liabilities for 1983 and              










               1All Rule references are to the Tax Court Rules of Practice            
          and Procedure, and unless otherwise indicated, all section                  
          references are to the Internal Revenue Code in effect for the               
          years at issue.                                                             





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