- 11 - Commissioner, T.C. Memo. 1990-521. Section 7436(d)(1) specifically provides that the “principles * * * [of the sections governing deficiencies] shall apply to proceedings brought under this section in the same manner as if the Secretary’s determination described in [section 7436] subsection (a) were a notice of deficiency.” In contrast to section 7436, section 6015 provides relief from an otherwise existing joint tax liability. The relief from joint and several liability available in a section 6015(e) “stand alone” petition does not incorporate preassessment procedures. Section 6015 assumes that the electing taxpayer is to be relieved from an existing joint tax liability, not whether the underlying joint tax liability exists. Section 7436, on the other hand, concerns whether a tax liability exists. A section 6015(e) “stand alone” petition provides us with jurisdiction to determine whether the postassessment relief provided in section 6015 is appropriate. Petitioner has not raised, and we do not address, whether the alleged expiration of the period of limitations on the assessment of the underlying deficiency or liability might be a “factor” in determining whether it would be inequitable under section 6015(f) to deny petitioner relief. If petitioner wishes to argue that the alleged expiration of the period of limitations is a “factor” to consider in weighing the equities under sectionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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