Maureen Monsour - Page 31

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          Section 6015(g)(2)                                                          
               Section 6015(g)(2) provides:                                           
               SEC. 6015.  RELIEF FROM JOINT AND SEVERAL LIABILITY ON                 
                    JOINT RETURN.                                                     
                  *       *       *       *       *       *       *                   
                    (g) Credits and Refunds.--                                        
                  *       *       *       *       *       *       *                   
                    (2) Res judicata.--In the case of any election                    
               under subsection (b) or (c), if a decision of a court                  
               in any prior proceeding for the same taxable year has                  
               become final, such decision shall be conclusive except                 
               with respect to the qualification of the individual for                
               relief which was not an issue in such proceeding.  The                 
               exception contained in the preceding sentence shall not                
               apply if the court determines that the individual par-                 
               ticipated meaningfully in such prior proceeding.                       
               The principal dispute between the parties under section                
          6015(g)(2) is whether petitioner participated meaningfully in the           
          case for the taxable years at issue.22  In support of petitioner’s          
          position that she did not participate meaningfully in that case,            
          she argues:23                                                               

               22In addition to disputing whether petitioner participated             
          meaningfully in the case for the taxable years at issue, peti-              
          tioner argues that “By its very language, Section 6015(g)(2) is             
          inapplicable to actions under Section 6015(f), being only appli-            
          cable to ‘elections under subsections (b) and (c)’.  See Section            
          6015(g)(2).”  We reject petitioner’s argument.  The Court has               
          held that sec. 6015(g)(2) applies to claims for relief under sec.           
          6015(b) and (c) as well as sec. 6015(f).  Thurner v. Commis-                
          sioner, 121 T.C. 43, 51-52 (2003).                                          
               23Throughout petitioner’s briefs, petitioner relies on,                
          inter alia, final regulations issued under sec. 6015 that are               
          applicable for elections under sec. 6015(b) and (c) or requests             
                                                              (continued...)          





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