Catherine Rosenthal - Page 9

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               A taxpayer may seek relief from joint and several liability            
          by raising the matter as an affirmative defense in a petition for           
          redetermination invoking this Court’s deficiency jurisdiction               
          under section 6213(a) or, as in this case, by filing a so-called            
          stand-alone petition challenging the Commissioner’s final                   
          determination denying the taxpayer’s claim for such relief (or              
          his failure to rule on the taxpayer’s claim within 6 months of              
          its filing).  See sec. 6015(e)(1); Maier v. Commissioner, 119               
          T.C. 267, 270-271 (2002), affd. 93 AFTR2d 2002-1139 (2d Cir.                
          2004); Ewing v. Commissioner, 118 T.C. 494, 496-497 (2002).4                
               In the petition, petitioner seeks relief under all three of            
          the available relief provisions: section 6015(b), (c), and (f).             
          The essence of petitioner’s claim is that she should be relieved            
          of liability for the tax and interest occasioned by the reporting           
          of the IRA distribution.  Respondent argues that, because                   
          petitioner has paid the additional tax attributable to the IRA              
          distribution, “there is no understatement, deficiency or                    
          underpayment to which relief under * * * [section] 6015 is                  
          applicable.”                                                                
               Except as otherwise provided in section 6015, petitioner               
          bears the burden of proof.  See Rule 142(a).                                


               4  A taxpayer may also request relief from joint and several           
          liability on a joint return in a petition for review of a lien or           
          levy action.  See secs. 6320(c), 6330(c)(2)(A)(i); Maier v.                 
          Commissioner, 119 T.C. 267, 271 (2002), affd. 93 AFTR2d 2002-1139           
          (2d Cir 2004).                                                              




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