Diana Van Arsdalen, f.k.a. Diana Murray - Page 12

                                       - 12 -                                         
          nonelecting spouse be permitted to intervene in administrative              
          and judicial proceedings under section 6015 for the purpose of              
          submitting any information, be it favorable or antithetical, that           
          is relevant to the determination whether the electing spouse is             
          entitled to relief from joint and several liability.                        
               Contrary to respondent’s position, we conclude that                    
          permitting a nonelecting spouse to intervene for the purpose of             
          supporting an electing spouse’s claim for relief under section              
          6015 is consistent with both our prior practice and principles              
          governing intervention under the Federal Rules of Civil                     
          Procedure.                                                                  
               Rule 24(a) of the Federal Rules of Civil Procedure provides:           
               Rule 24.  Intervention                                                 
                    (a) Intervention of Right. Upon timely application                
               anyone shall be permitted to intervene in an action:                   
               (1) when a statute of the United States confers an                     
               unconditional right to intervene; or (2) when the                      
               applicant claims an interest relating to the property                  
               or transaction which is the subject of the action and                  
               the applicant is so situated that the disposition of                   
               the action may as a practical matter impair or impede                  
               the applicant’s ability to protect that interest,                      
               unless the applicant’s interest is adequately                          
               represented by existing parties.                                       
          Thus, rule 24(a) of the Federal Rules of Civil Procedure permits            
          intervention as a matter of right if there is an unconditional              
          statutory right to intervene or if the applicant has a cognizable           
          interest in the property or transaction in dispute and his or her           
          interest is not adequately represented by the existing parties to           







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011