- 37 - Although the Court Opinion concludes that the phrase “against whom a deficiency has been asserted” is ambiguous, see Court op. p. 14 note 7, it also concludes, inconsistently, that that phrase is “clear”, “plain”, and “not ambiguous”, Court op. pp. 17, 18, 19. Having concluded, albeit inconsistently, that the phrase “against whom a deficiency has been asserted” is not ambiguous, the Court Opinion should have interpreted that phrase according to its language. It did not. The Court Opinion holds that the phrase “against whom a deficiency has been asserted” requires that “A petitioner in this Court who seeks judicial review of a denial of relief must show that the Commissioner asserts that he owes more in tax than reported on his return.” Court op. p. 17 (emphasis added). The Court Opinion’s holding uses the present tense “asserts”. In contradistinction, section 6015(e)(1) uses “has been asserted”. By using the present tense, which is not found in section 6015(e)(1) in the phrase “against whom a deficiency has been asserted”, the Court Opinion reads into that phrase a requirement that is not in that section. Having read such a requirement into section 6015(e)(1), the Court Opinion makes matters worse by failing to specify when the taxpayer must satisfy that requirement. Thus, the Court Opinion is unclear as to whether it requires a taxpayer who files a petition with the Court seeking section 6015 relief to show, at the time the taxpayer files the petition, thereafter during thePage: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
Last modified: May 25, 2011