- 11 - 12153 was signed by petitioner under penalties of perjury but was submitted while the section 6015 regulations still were in proposed form. While proposed regulations may not be “competent authority”, see Houston Oil & Minerals Corp. v. Commissioner, 92 T.C. 1331, 1388 (1989), affd. 922 F.2d 283 (5th Cir. 1991); F.W. Woolworth Co. v. Commissioner, 54 T.C. 1233, 1265-1266 (1970), here they may be useful as a guide in view of their adoption approximately a year after petitioner completed his Form 12153. Under these circumstances, we do not believe it is necessary or appropriate for us to ignore the proposed regulations. In the absence of contrary authority defining an election for section 6015(c) purposes, under the circumstances here, we may consider petitioner’s statement on the Form 12153 as a valid election if it sufficiently communicates the elements required for relief under section 6015(c). On the Form 12153, petitioner clearly stated that he was seeking to separate joint and several liability on his 1997 joint return. The statement informed the Appeals officer that the Thorpes were legally separated and provided Mrs. Thorpe’s Social Security number and new address to allow the Appeals officer to notify Mrs. Thorpe of her right to join the CDP hearing and intervene in petitioner’s section 6015(c) claim. Petitioner did 2(...continued) 12, 2002, requiring that “the income tax debt shall be split equally between the parties”.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011