123 T.C. No. 7 UNITED STATES TAX COURT DIANA VAN ARSDALEN, f.k.a. DIANA MURRAY, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 1195-04. Filed July 22, 2004. P filed with the Court a petition for determination of relief from joint and several liability on a joint return. R issued to P’s former spouse (M) a notice of filing petition and right to intervene (the notice). See Rule 325, Tax Court Rules of Practice and Procedure. P filed with the Court a motion to strike the notice insofar as the notice stated that M would be permitted to intervene solely to challenge P’s entitlement to relief under sec. 6015, I.R.C. M lodged with the Court a notice of intervention which stated that M intended to support P’s claim for relief under sec. 6015(f), I.R.C. R opposed P’s motion to strike. Held: Neither sec. 6015, I.R.C., nor Rule 325, Tax Court Rules of Practice and Procedure, precludes a nonelecting spouse from intervening in a proceeding before the Court for the purpose of supporting the electing spouse’s claim for relief.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011