- 12 - words of limitation that confine our jurisdiction to review of an election under subsections (b) and/or (c), as respondent contends. Rather, we understand this language to encompass the procedural requirement applicable to all joint filers seeking innocent spouse relief and, therefore, states the prerequisite to seeking our review of such relief. Id. at 330.6 We reasoned that section 6015(e)'s jurisdictional grant to determine "the appropriate relief available to the individual under this section" meant that we could grant relief to a deserving individual under any part of "this section"--meaning relief under subsection (b), (c), or (f)--because the word "section" includes all subsections. Id. at 331. The problem we faced in Ewing I is that Congress amended section 6015(e) in 2000. It now reads (emphases showing new language): SEC. 6015(e). Petition for Review by Tax Court. (1) In general.--In the case of an individual against whom a deficiency has been asserted and who elects to have subsection (b) or (c) apply-- (A) In general.--In addition to any other remedy provided by law, the individual may petition the Tax Court (and the Tax Court shall have 6 The reference to “the procedural requirement applicable to all joint filers seeking innocent spouse relief” alludes to section 6015(f)(2), which establishes failure to win relief under subsections (b) and (c) as a condition for relief under subsection (f).Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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