David Bruce Billings - Page 28

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                    Our interpretation of section 6015(e) concerns the                
               new language “against whom a deficiency has been                       
               asserted”.  However, section 6015(e)(1)(A) still                       
               contains the provision giving this Court jurisdiction                  
               “to determine the appropriate relief available to the                  
               individual under this section” (emphasis added), which,                
               as previously explained, we have held gives us                         
               jurisdiction over the propriety of equitable relief                    
               under section 6015(f).  Equitable relief under section                 
               6015(f) is, and always has been, available in                          
               nondeficiency situations.  Under these circumstances,                  
               the amendment to section 6015(e)(1) referring to                       
               situations where “a deficiency has been asserted” and                  
               the retention of the language in that same section                     
               giving us jurisdiction over “the appropriate relief                    
               available to the individual under this section” creates                
               an ambiguity.  Therefore, it is appropriate to consult                 
               the legislative history of the amendment made by the                   
               Consolidated Appropriations Act, 2001.                                 
          Id. at 503-504.                                                             
               After having consulted the conference report accompanying              
          the amendment of section 6015(e)(1), H. Conf. Rept. 106-1033, at            
          1023 (2000), 2000-3 C.B. 304, 353, the Court concluded:                     
               The conference report indicates that the language                      
               “against whom a deficiency has been asserted” was                      
               inserted into section 6015(e) to clarify the proper                    
               time for making a request to the Commissioner for                      
               relief from joint and several liability for tax that                   
               may have been underreported on the return.  Congress                   
               wanted to prevent taxpayers from submitting premature                  
               requests to the Commissioner for relief from potential                 
               deficiencies before the Commissioner had asserted that                 
               additional taxes were owed.  Congress also wanted to                   
               make it clear that a taxpayer does not have to wait                    
               until after an assessment has been made before                         
               submitting a request to the Commissioner for relief                    
               under section 6015.  Overall, the legislative history                  
               indicates that Congress was concerned with the proper                  
               timing of a request for relief for underreported tax                   
               and intended that taxpayers not be allowed to submit a                 
               request to the Commissioner regarding underreported tax                
               until after the issue was raised by the IRS.                           





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Last modified: May 25, 2011