Teri Geisen Rooks - Page 7

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          tax year on April 15, 1999.  Accordingly, petitioner’s claim was            
          timely.                                                                     
               At trial, respondent explained that he had granted                     
          petitioner section 6015(f) relief for the portion of the 1992 tax           
          liability that was not attributable to her (54.5 percent) and               
          that petitioner remained liable for the portion of the 1992 tax             
          liability that was attributable to her (45.5 percent).                      
          Petitioner does not dispute this determination or argue for a               
          different allocation.                                                       
               Petitioner’s 1992 nonmaster file transcript appears to                 
          reflect this determination by allocating 45.5 percent of the tax            
          and addition to tax for 1992 to petitioner.  In the notice of               
          determination, however, respondent appears to have granted relief           
          only on the portion of the 1992 liability that remained                     
          outstanding around the date of the determination ($5,386) as                
          listed in the Form 2866.7  This was inappropriate.  See                     
          Washington v. Commissioner, supra.                                          
               Petitioner’s claim essentially is that respondent’s                    
          calculation in the notice of determination is incorrect, she does           
          not owe $1,801, and she may be due a refund.  Petitioner conceded           
          at trial that she was liable for the portion of the 1992 tax                
          liability that was attributable to her (45.5 percent).  We cannot           


               7  Furthermore, the amount of relief granted was not 54.5              
          percent of the then-outstanding balance.                                    





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