- 31 - 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...)Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
Last modified: May 25, 2011