- 6 - 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. ThePage: 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