- 14 - time for a taxpayer to submit a request to the Commissioner for relief under section 6015 regarding underreported taxes. Id. at 505. On appeal, the Commissioner changed his mind about the proper construction of the new language. The Ninth Circuit agreed with him (and the dissent in Ewing I) that the first step in our reasoning--finding that the amendment to section 6015(e) was ambiguous--violated "the basic principle of statutory construction that ‘a statute ought, upon the whole, to be so construed that, if it can be prevented, no clause, sentence, or word shall be superfluous, void, or insignificant.'" Ewing, 439 F.3d at 1014. It concluded that “the Tax Court lacked jurisdiction because no deficiency had been asserted.” Id. at 1013. In Bartman, the Eighth Circuit adopted the Ninth Circuit’s holding, though in doing so, it may have been somewhat imprecise in its use of the terms “assertion,” “determination”, and “assessment” of a deficiency. Id. at 787 (Tax Court has jurisdiction over section 6015 petitions “only where a deficiency has been asserted”); id. (Tax Court has no jurisdiction over section 6015 petitions “where no deficiency has been determined by the IRS”); id. at 788 (no Tax Court jurisdiction “because no deficiency had been assessed against Bartman”).7 7 We construe Bartman’s holding to be the sentence “We agree with the Ninth Circuit that the tax court lacks jurisdiction (continued...)Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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