Thomas F. Noons - Page 11

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          trial was held on May 17, 1999, well after the effective date of            
          section 6015.11  We find it remarkable that petitioner argues               
          that he was not aware that he had to claim relief from joint and            
          several liability at trial because under the prior law, in                  
          petitioner’s belief, such claim was typically submitted after               
          trial, which belief is clearly erroneous.  Indeed, the matter was           
          called to the parties’ attention in the prior proceeding when the           
          Court inquired whether Ms. Pena would be claiming relief from               
          joint and several liability (which she did not).  Petitioner was            
          on notice that he also could raise a claim for joint and several            
          liability, but he did not.  As such, it follows that section                
          6015(g)(2) precludes petitioner from claiming relief from joint             
          and several liability under section 6015(f).                                
               For the reasons stated, we shall grant respondent’s motion             
          for summary judgment.                                                       
               We have considered all of the other arguments made by                  
          petitioner, and, to the extent that we have not specifically                
          addressed them, we conclude that they are without merit.                    
               To reflect the foregoing,                                              


                                                  An appropriate order and            
                                             decision will be entered.                

               11It might also be mentioned that although Ms. Trent                   
          appeared pro se in her deficiency action, petitioner was                    
          represented by counsel in his deficiency action.                            





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