David Bruce Billings - Page 12

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                    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).                                                             




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