Shirley Westerhuis - Page 3

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          entered is not reviewable by any other court, and this opinion              
          should not be cited as authority.                                           
               This is a so-called stand alone innocent spouse case arising           
          under section 6015(f).  Petitioner applied for relief from joint            
          tax liability for the 1997 taxable year.  Respondent determined             
          that petitioner was not entitled to such relief.  Petitioner                
          filed a timely petition under section 6015(e).  Intervenor,                 
          petitioner’s former husband, filed a Notice of Intervention under           
          Rule 325(b) and opposes such relief.  The issue is whether                  
          respondent’s denial of relief under section 6015(f) was an abuse            
          of discretion.  Petitioner resided in Cocoa, Florida, at the time           
          the petition was filed.                                                     
                                     Background                                       
               The facts may be summarized as follows.  During 1997,                  
          petitioner and intervenor were married.  Petitioner was employed            
          by Ameripath Florida, Inc., and had wage income of $41,823.25               
          during 1997.  Intervenor lost his job in early 1997, and in                 
          August 1997 he decided to return to school for further education.           
          He also took a part-time job at Sea World of Florida, Inc.,                 
          earning approximately $7 per hour.  In order to help pay their              
          living expenses and accumulated debts, intervenor withdrew                  
          $14,363 from an individual retirement account (IRA).                        
               Petitioner and intervenor were divorced in January 1998.               
          For the taxable year 1997, petitioner and intervenor filed a                






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