Joseph Dutton - Page 6

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                                     Discussion                                       
               Petitioner argues that the offer in compromise should be set           
          aside and he should be allowed to seek relief from joint and                
          several liability under section 6013(e) and section 6015(b), (c),           
          and (f) for the years 1986 and 1987.  Respondent argues that the            
          offer in compromise should not be set aside and, as a matter of             
          law, petitioner is not entitled to relief.  The issue we must               
          decide is whether petitioner is barred from seeking relief from             
          joint and several liability because the offer in compromise was             
          accepted or whether the offer can be rescinded on the basis of a            
          mutual mistake or a misrepresentation.                                      
          I.   Petitioner’s Claim for Relief Under Section 6013(e)                    
               As an initial matter, we address petitioner’s argument as it           
          pertains to section 6013(e).  The petition in this case was filed           
          pursuant to section 6015(e)(1).  Section 6015(e)(1) provides                
          jurisdiction to decide the appropriate relief available to the              
          taxpayer under section 6015.  There is no provision in the                  
          Internal Revenue Code that allows us to grant relief under                  
          section 6013(e) to a taxpayer who files a petition under section            
          6015(e).  Brown v. Commissioner, T.C. Memo. 2002-187.  Thus, we             
          do not consider petitioner’s claim for relief under section                 
          6013(e).                                                                    









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