- 36 - determinations after IRS collection due process hearings. Sec. 6330(d)(1). However, because there was no deficiency lurking in this case at all,[13] we need not decide whether an “assertion of deficiency” is synonymous with a “notice of deficiency,” much less an “assessment”, in defining the limits of our jurisdiction under section 6015(e). * * * Court op. p. 15 note 7; see also Court op. p. 14. Despite assertions to the contrary that appear in the Court Opinion, see Court op. pp. 17, 18, 19, the excerpt quoted above leaves no doubt that the Court Opinion concludes that the phrase “against whom a deficiency has been asserted” may have any one of several possible meanings. The Court Opinion thus acknowledges that that phrase is ambiguous. The internal inconsistency in the Court Opinion as to whether the phrase “against whom a deficiency has been asserted” is ambiguous is another material flaw in that Opinion. Having concluded that that phrase is ambiguous, the Court Opinion should have considered the legislative history of the amendment of section 6015(e)(1), as the Court properly did in Ewing I, in order to determine its meaning as used in section 6015(e)(1). 13I disagree that “there was no deficiency lurking in this case at all”. There was a “deficiency” with respect to the original return filed by petitioner and his spouse. Nothing in the Court Opinion adequately explains why that “deficiency” with respect to the original return is not the “deficiency” in the phrase “against whom a deficiency has been asserted” in sec. 6015(e)(1). Nor does anything in the Court Opinion adequately explain why it apparently assumes that a “deficiency” must continue to exist at the time a claim for relief under sec. 6015(b) is made. See discussion above and below.Page: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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