Joyce E. Beery - Page 8

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          Section 6330(e) generally authorizes the Court to enjoin a levy             
          or proceeding that is begun during the time the suspension under            
          that provision is in effect.                                                
          Claims for Relief From Joint and Several Liability                          
               Section 6013(d)(3) provides that if a husband and wife make            
          a joint Federal income tax return, “the tax shall be computed on            
          the aggregate income and the liability with respect to the tax              
          shall be joint and several.”  However, section 6015(a) provides             
          that, notwithstanding section 6013(d)(3), an individual who has             
          made a joint return may elect to seek relief from joint and                 
          several liability on such return.                                           
               Congress vested this Court with jurisdiction to review a               
          taxpayer’s election to claim relief from joint and several                  
          liability on a joint return under varying circumstances.  See               
          King v. Commissioner, 115 T.C. 118, 121-122 (2000); Corson v.               
          Commissioner, 114 T.C. 354, 363-364 (2000).  In the instant case,           
          petitioner filed a so-called stand-alone petition (at docket No.            
          17597-02) seeking judicial review of respondent’s disallowance of           
          her claims for relief from joint and several liability.  See sec.           


               4(...continued)                                                        
               the time the suspension under this paragraph is in                     
               force may be enjoined by a proceeding in the proper                    
               court, including the Tax Court.  The Tax Court shall                   
               have no jurisdiction under this paragraph to enjoin any                
               action or proceeding unless a timely appeal has been                   
               filed under subsection (d)(1) and then only in respect                 
               of the unpaid tax or proposed levy to which the                        
               determination being appealed relates.                                  




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