- 21 - LARO, J., concurring: The Court today appropriately overrules the opinion of the Court in Ewing v. Commissioner, 118 T.C. 494 (2002), revd. Commissioner v. Ewing, 439 F.3d 1009 (9th Cir. 2006). With that result, I concur.1 As I stated in my dissent in Ewing v. Commissioner, supra at 510, the Court’s opinion there, while reaching a practical result, disregarded the obvious plain reading of section 6015(e)(1).2 In accordance with such a plain reading, Congress has allowed the Court to review an individual’s petition seeking equitable relief under section 6015(f) (equitable relief) only when: (1) The Commissioner has 1 I disagree with the lead opinion in this case in that it sets forth dicta regarding jurisdiction in situations not before the Court in this case. 2 Sec. 6015(e)(1) empowers the Court to review a taxpayer’s stand-alone petition challenging the Commissioner’s determination as to the taxpayer’s administrative claim for relief from joint liability under sec. 6015. See generally Fernandez v. Commissioner, 114 T.C. 324, 329 (2000) (coining the phrase “stand-alone petition” to refer to a petition filed to invoke our jurisdiction under sec. 6015(e)(1)). Sec. 6015(e)(1) provides in relevant part: SEC. 6015(e). (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 jurisdiction) to determine the appropriate relief available to the individual under this section if such petition is filed * * * [timely.]Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011