- 3 - Recently, the Court held that we lack jurisdiction over “stand-alone” section 6015(f) cases (i.e., cases in which no deficiency has been asserted) such as the case at bar. Billings v. Commissioner, 127 T.C. ___ (2006). Additionally, the U.S. Court of Appeals for the Ninth Circuit, the court to which appeal of this case apparently lies, also has held that the Tax Court lacks jurisdiction over “stand alone” section 6015(f) cases (i.e., cases in which no deficiency has been asserted) such as the case at bar. Commissioner v. Ewing, 439 F.3d at 1014-1015. Accordingly, pursuant to Billings and the opinion of the U.S. Court of Appeals for the Ninth Circuit’s in Ewing, we conclude that we lack jurisdiction over this case. Billings v. Commissioner, supra; Toppi v. Commissioner, T.C. Memo. 2006-182 (dismissing stand-alone section 6015(f) case for lack of jurisdiction pursuant to Billings because the Commissioner did not assert a deficiency for any of the years in issue); Stroud v. Commissioner, T.C. Memo. 2006-175 (same); see also Commissioner v. Ewing, 439 F.3d at 1014-1015; Golsen v. Commissioner, 54 T.C. 742 (1970), affd. 445 F.2d 985 (10th Cir. 1971). Therefore, we shall dismiss this case for lack of jurisdiction. To reflect the foregoing, An appropriate order of dismissal for lack of jurisdiction will be entered.Page: Previous 1 2 3
Last modified: May 25, 2011