Stanley K. and Tomi L. Baumann - Page 6

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          judgment.  Respondent was not moving for summary judgment as to             
          the accuracy-related penalty under section 6662.  In addition,              
          respondent notified the Court that Tomi had filed a claim for               
          relief under section 6015 and that the summary judgment motion              
          did not include Tomi’s request for relief under section 6015.               
               The Court granted respondent’s motion as to the $11,756                
          deficiency but denied the motion as to the accuracy-related                 
          penalty in an Order dated March 14, 2003.  The Court did not                
          specifically mention Tomi’s request for relief under section 6015           
          in the Order, but the Court restored the case to the general                
          docket for trial or other disposition.                                      
          Amended Petition To Add Claim for Relief                                    
               On May 19, 2003, Tomi filed a pleading entitled a motion for           
          leave to file an amendment to the petition, which motion embodied           
          an amendment to the petition in which Tomi claimed relief under             
          section 6015.  A copy of the motion and the proposed amendment              
          was served on Stanley through his counsel and on respondent.                
          Neither respondent nor Stanley objected to the motion to amend              
          the petition.  The Court granted the motion to amend the petition           
          to add Tomi’s claim under section 6015 on June 19, 2003.                    
          Appeals Determination                                                       
               Appeals Officer Robert Baty (Appeals Officer Baty) of                  
          respondent’s Oklahoma City office received the administrative               
          innocent spouse case file on October 17, 2003.  The                         






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