Esther Ruth Ferris - Page 4

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               Petitioner overpaid her 1999 taxes in the amount of $2,141.            
          That overpayment was applied to the unpaid 1997 tax liability.              
          For the year 2000, petitioner also overpaid her tax, and the                
          $2,016 overpayment for that year was applied to the 1997 tax                
          liability.  Additional payments were thereafter made; however,              
          the dates and amounts of such payments are not material to the              
          issue in this case.                                                         
               On October 10, 2003, petitioner filed Form 8857, Request for           
          Innocent Spouse Relief.  That form was received by the innocent             
          spouse division of the IRS on October 17, 2003.  On November 13,            
          2003, respondent mailed to petitioner a final notice denying her            
          request for relief from joint liability under section 6015.                 
          Petitioner then filed her petition for relief in this Court.2               
               Respondent’s position is that petitioner’s request for                 
          relief from joint liability under section 6015 was not filed                
          timely because the Form 8857 she filed was filed more than 2                
          years from the date of the first collection activity that                   
          occurred in the collection of her 1997 tax, which bars petitioner           
          from relief.  Sec. 1.6015-5(b)(1), Income Tax Regs.3  The                   


               2Pursuant to Rule 325, Mr. Ferris was served with notice of            
          the filing of the petition in this case and his right to                    
          intervene.  Mr. Ferris has not filed a notice of intervention,              
          nor did he appear at trial.                                                 
               3Sec. 1.6015-5(b)(1), Income Tax Regs., is applicable for              
          all elections under sec. 6015 filed on or after July 18, 2002.              
          Sec. 1.6015-9, Income Tax Regs.                                             




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