Diana Van Arsdalen, f.k.a. Diana Murray - Page 8

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          under section 6015.  In King, the Commissioner issued separate              
          notices of deficiency to the taxpayers, but only the electing               
          spouse filed a petition for redetermination with the Court.  The            
          sole issue raised in the electing spouse’s petition was her claim           
          for relief from joint and several liability under former section            
          6013(e).  While the case was pending, Congress repealed former              
          section 6013(e) and enacted section 6015.  Thereafter, the                  
          Commissioner filed with the Court a report stating that the                 
          Commissioner concluded that the electing spouse qualified for               
          relief under section 6015(b).  The report further stated that the           
          nonelecting spouse objected to relief and that the Commissioner             
          believed that the nonelecting spouse should be notified of the              
          action and be given an opportunity to participate in the                    
          proceeding.  After the Court directed service of a copy of the              
          petition and a copy of the Court’s then-interim Rule 325 on the             
          nonelecting spouse, the nonelecting spouse filed with the Court a           
          motion for leave to file notice of intervention (embodying notice           
          of intervention).  The Court subsequently granted the nonelecting           
          spouse’s motion, stating:                                                   
                    We hold that whenever, in the course of any                       
               proceeding before the Court, a taxpayer raises a claim                 
               for relief from joint liability under section 6015, and                
               the other spouse (or former spouse) is not a party to                  
               the case, the Commissioner must serve notice of the                    
               claim on the other individual who filed the joint                      
               return for the year(s) in issue.  The notice shall                     
               advise such other individual of his or her opportunity                 
               to file a notice of intervention for the sole purpose                  
               of challenging the petitioning individual’s entitlement                
               to relief from joint liability pursuant to section                     
               6015.  Such notice shall include a copy of Interim Rule                
               325.  The Commissioner shall at the same time file with                




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Last modified: May 25, 2011