Patricia M. Friday - Page 2

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               Warren N. Nemiroff, for petitioner.                                    
               Valerie L. Makarewicz, for respondent.                                 

                                        OPINION                                       

               GERBER, Chief Judge:1  Respondent issued a notice of                   
          determination to petitioner denying her request for relief under            
          section 60152 and specifically finding that she was ineligible              
          for relief under section 6015(b), (c), or (f).  Petitioner filed            
          a petition with this Court seeking relief from joint and several            
          liability.  On October 12, 2004, respondent filed a motion for              
          summary judgment.                                                           
               At the hearing, relying on our holding in McGee v.                     
          Commissioner, 123 T.C. 314 (2004), respondent moved to withdraw             
          his summary judgment motion, and the Court granted respondent’s             
          motion to withdraw.  Concurrent with respondent’s motion to                 
          withdraw, respondent filed a motion for remand, which the Court             
          took under advisement.  The motion for remand requests the Court            
          to remand the case to respondent’s Cincinnati Centralized                   
          Innocent Spouse Operation Unit for consideration of petitioner’s            
          claim for relief, under section 6015, from a 1995 tax liability.            



               1 This case was reassigned from Special Trial Judge Dean to            
          Chief Judge Gerber by an order dated Mar. 10, 2005.                         
               2 Unless otherwise indicated, section references are to                
          sections of the Internal Revenue Code, as amended.                          




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