Joyce E. Beery - Page 9

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          6015(e)(1); Mora v. Commissioner, 117 T.C. 279 (2001); Fernandez            
          v. Commissioner, 114 T.C. 324, 328-329 (2000).5                             
               Section 6015(e)(1)(B)(i) generally provides that “no levy or           
          proceeding in court” shall be made, begun, or prosecuted against            
          an individual making an election under section 6015 for                     
          collection of any assessment to which such election arises until            
          the close of the 90-day period for filing a petition with the               
          Court under section 6015 or, if a petition is filed with the                
          Court, until the decision of the Court has become final (the                
          prohibited period).6  Section 6015(e)(1)(B)(ii) generally                   


               5  A person may also request relief from joint and several             
          liability on a joint return in a deficiency case brought under              
          sec. 6213(a), see King v. Commissioner, 115 T.C. 118, 121-122               
          (2000), and in a petition for review of a lien or levy action,              
          see secs. 6320(c), 6330(c)(2)(A)(i).                                        
               6  Sec. 6015(e)(1)(B) provides:                                        
               (B) Restrictions applicable to collection of                           
               assessment.--                                                          
                    (i) In general.--Except as otherwise provided in                  
               sec. 6851 or 6861, no levy or proceeding in court shall                
               be made, begun, or prosecuted against the individual                   
               making an election under subsection (b) or (c) for                     
               collection of any assessment to which such election                    
               relates until the close of the 90th day referred to in                 
               subparagraph (A)(ii), or, if a petition has been filed                 
               with the Tax Court under subparagraph (A), until the                   
               decision of the Tax Court has become final.  Rules                     
               similar to the rules of sec. 7485 shall apply with                     
               respect to the collection of such assessment.                          
                    (ii) Authority to enjoin collection actions.–-                    
               Notwithstanding the provisions of sec. 7421(a), the                    
               beginning of such levy or proceeding during the time                   
                                                             (continued...)           




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