Marianne Hopkins - Page 19

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               income of $2,000 for taxable year 2002, because this                   
               portion of the closing agreement pertains to                           
               nonpartnership items.  In contrast W may claim relief                  
               from joint and several liability as to the disallowed                  
               losses and accuracy-related penalty attributable to                    
               Partnership B for taxable year 2002 or any subsequent                  
               year(s).  This is because this portion of the closing                  
               agreement pertains to partnership and affected items                   
               and was entered into at a time when W was a party to                   
               the pending partnership-level proceeding regarding                     
               Partnership B.  Consequently, W never had the                          
               opportunity to raise the innocent spouse defense in the                
               course of that TEFRA partnership proceeding.  (See �                   
               1.6015-5(b)(5) relating to premature claims).                          
               [Emphasis added.]                                                      
               We fail to see why the same rationale does not apply to a              
          closing agreement entered into before the effective date of                 
          section 6015.  A spouse who enters into such an agreement                   
          likewise never had the opportunity to raise a claim under section           
          6015 before, or at the time of, her signing the closing                     
          agreement.  Although we recognize that the final regulations were           
          not effective for purposes of petitioner’s request for relief, we           
          believe the reason underlying the exceptions in section 1.6015-             
          1(c)(2) and(e), Income Tax Regs., supports a conclusion that a              
          closing agreement entered into before the effective date of                 
          section 6015 does not preclude petitioner from asserting relief             
          under that section.16                                                       


               16We do not decide in this Opinion the effect of sec. 6015             
          on a closing agreement entered into after the effective date of             
          those rules.  However, we note that the Secretary has issued                
          final regulations under sec. 6015 which provide that, in general,           
          a requesting spouse is not entitled to relief from joint and                
          several liability for any tax year for which the requesting                 
                                                             (continued...)           




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