- 20 - review of collection due process determinations because of section 6330(d)(1)(A), and as relief in stand-alone petitions when the Commissioner has asserted a deficiency against a petitioner. But until and unless Congress identifies this as a problem and fixes it legislatively by expanding our jurisdiction to review all denials of innocent spouse relief, it is quite possible that the district courts will be the proper forum for review of the Commissioner's denials of relief in nondeficiency stand-alone cases.11 Because, however, the 2000 amendment to section 6015(e) eliminated our jurisdiction in such cases, An order will be entered dismissing the case for lack of jurisdiction. Reviewed by the Court. HALPERN, THORNTON, and KROUPA, JJ., agree with this majority opinion. 11 See generally 5 U.S.C. sec. 703 (2000) (review in absence of special statutory proceeding); Owner-Operators Indep. Drivers Association v. Skinner, 931 F.2d 582, 585 (9th Cir. 1991) (default rule is review in federal district court under general federal question jurisdiction).Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011