Stanley K. and Tomi L. Baumann - Page 5

                                        - 5 -                                         
          had filed a request for relief from joint and several liability             
          and notified Stanley that he could take part in the proceeding by           
          providing information for respondent to consider in making a                
          relief determination.  The letters also requested that Stanley              
          complete an enclosed Form 12508, Innocent Spouse Information                
          Request (information request), to provide any information Stanley           
          wanted respondent to consider in making the relief determination.           
               Stanley completed the information request and submitted it             
          to respondent on June 26, 2003.  Stanley also submitted a sworn             
          statement on the same date asserting that Tomi was not entitled             
          to relief because she had full knowledge of, and she benefited              
          from, the gambling activity.                                                
               The examining officer sent neither Tomi nor Stanley a                  
          preliminary determination letter for 1998.5                                 
          Deficiency Hearing                                                          
               The Court held a hearing on respondent’s summary judgment              
          motion on September 23, 2002.  At the hearing, respondent                   
          notified the Court and petitioners that respondent was converting           
          the summary judgment motion into a motion for partial summary               


               5Although respondent sent a preliminary determination letter           
          to Tomi on Oct. 17, 2003, informing Tomi that she did not qualify           
          for relief for 1999, which year is not before us, see supra note            
          3, respondent did not send a preliminary determination letter for           
          1998, the year at issue.  Whether a preliminary determination               
          letter had been issued for 1998 is relevant for purposes of                 
          deciding whether Rev. Proc. 2003-61, 2003-2 C.B. 296, or Rev.               
          Proc. 2000-15, 2000-1 C.B. 447, applies.                                    





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Last modified: May 25, 2011