Philip Cullen - Page 5

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          deficiency, and respondent assessed the tax deficiency and                  
          statutory additions.  Thereafter, petitioner sought relief under            
          section 6015.  On February 11, 2003, respondent mailed to                   
          petitioner a final notice advising him that his requested section           
          6015 relief had been denied and that if he wished to contest this           
          determination, he must file a petition with the U.S. Tax Court              
          within 90 days.  This Court’s jurisdiction to review petitioner’s           
          claim for relief is conferred by section 6015(e), which allows a            
          spouse who has requested relief from joint and several liability            
          to contest the Commissioner’s denial of relief by filing a timely           
          petition in this Court.  Petitioner filed a timely petition with            
          this Court on March 25, 2003.                                               
               On May 22, 2003, respondent filed an answer to petitioner’s            
          petition and a certification under Rule 325(b), as amplified by             
          King v. Commissioner, 115 T.C. 118 (2000).  The certification               
          confirmed that respondent had notified Ms. Cullen that petitioner           
          had filed a claim for relief from joint and several liability and           
          that she could intervene.  Despite the notice, Ms. Cullen has not           
          intervened in this case.                                                    
                                       OPINION                                        
          I.   Contentions of the Parties                                             
               Petitioner contends that he is eligible for relief from                
          joint and several liability under section 6015(b), (c), or (f)              
          for the 1999 tax liability and statutory additions.  In essence,            






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