- 4 - that Mr. Murray would be permitted to intervene in the case for the sole purpose of challenging petitioner’s entitlement to relief from joint and several liability.3 On April 1, 2004, Mr. Murray lodged with the Court a notice of intervention. In the notice of intervention, Mr. Murray stated that he “seeks to intervene for the sole purpose of offering evidence in support of the Petitioner’s right and entitlement to equitable relief under IRC section 6015(f) and will not be offering any evidence to challenge Petitioner’s right to equitable relief under IRC section 6015(f).” This matter was called for hearing at the Court’s motions session held in Washington, D.C. Counsel for respondent appeared at the hearing and offered argument in opposition to petitioner’s Motion to strike. Although no appearance was entered by or on behalf of petitioner at the hearing, petitioner filed with the Court a written statement pursuant to Rule 50(c). Discussion Section 6013(d)(3) provides that if a husband and wife file a joint Federal income tax return, “the tax shall be computed on the aggregate income and the liability with respect to the tax shall be joint and several.” However, section 6015(a) provides 3On Mar. 16, 2004, the Court denied petitioner’s motion to strike. On Mar. 18, 2004, petitioner filed a motion to vacate the Court’s Order denying her motion to strike. By Order dated Mar. 31, 2004, we granted petitioner’s motion to vacate, vacated and set aside our order denying petitioner’s motion to strike, and set petitioner’s motion to strike for hearing.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011