Esther Ruth Ferris - Page 7

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                    In certain specific cases where statutory provisions              
               reserve jurisdiction to the Commissioner, a case can also be           
               remanded to the Commissioner’s Appeals Office.  Under                  
               sections 6320(c) and 6330(d)(1), this Court may consider               
               certain collection actions taken or proposed by the                    
               Commissioner’s Appeals Office.  Under paragraph (2) of                 
               section 6330(d), the Commissioner’s Appeals Office retains             
               jurisdiction with respect to the determination made under              
               section 6330.  As part of the process, a case may be                   
               remanded to the Appeals Office for further consideration.              
               See, e.g., Parker v. Commissioner T.C. Memo. 2004-226.                 
                    The situation is different, however, in a section 6015            
               proceeding, which is sometimes referred to as a “stand                 
               alone” case.  Although entitled “Petition for Review by Tax            
               Court”, section 6015(e) gives jurisdiction to the Court “to            
               determine the appropriate relief available to the individual           
               under this section”.  The right to petition is “In addition            
               to any other remedy provided by law” and is conditioned upon           
               meeting the time constraints prescribed in section                     
               6015(e)(1)(A)(i) and (ii).  Even if the Commissioner fails             
               to do anything for 6 months following the filing of an                 
               election for relief (where there is nothing to “review”),              
               the individual may bring an action in this Court.  See sec.            
               6015(b), (e)(1)(A)(i)(II).  A petition for a decision as to            
               whether relief is appropriate under section 6015 is                    
               generally not a “review” of the Commissioner’s determination           
               in a hearing but is instead an action begun in this Court.             
               There is in section 6015 no analog to section 6330 granting            
               the Court jurisdiction after a hearing at the Commissioner’s           
               Appeals Office.  [Fn. refs. omitted.]                                  

               Pursuant to Friday v. Commissioner, supra at 221-222, this             
          case will be returned to the Court’s general docket for trial in            
          due course.  If, however, the parties desire to consider the case           
          at the administrative level, the Court will consider any motion             
          to that effect.                                                             










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