- 42 - recognizes,18 those terms are not synonymous in the Federal tax 17(...continued) despite the fact that no notice of deficiency had been issued. Since briefing and oral argument in this case, however, the Ninth Circuit reversed the tax court and held that the tax court has no jurisdiction under � 6015(e) to consider a petition for review where no deficiency was determined by the IRS. Comm'r v. Ewing, 439 F.3d 1009, 1012-14 (9th Cir. 2006). We agree with the Ninth Circuit that the tax court lacks jurisdiction under � 6015(e) unless a deficiency was asserted against the individual petitioning for review. The language of � 6015(e)(1) is clear and unambiguous: an individual may petition the tax court for review “[i]n the case of an individual against whom a deficiency has been asserted and who elects to have subsection (b) and (c) apply....” 26 U.S.C. � 6015(e)(1) (emphasis added). As such, we end our inquiry into the meaning of the statute and apply its plain language. Citicasters v. McCaskill, 89 F.3d 1350, 1354-55 (8th Cir. 1996); Arkansas AFL-CIO v. FCC, 11 F.3d 1430, 1440 (8th Cir. 1993) (en banc). Applying the statute's plain language, we hold that the tax court had no jurisdiction to review Bartman's petition for review of the IRS's denial of her tax year 1997 refund request because no deficiency had been assessed against Bartman for tax year 1997. [Emphasis added; fn. ref. omitted.] Bartman v. Commissioner, 446 F.3d at 787-788. 18The conference report accompanying the 2001 Consolidated Appropriations Act states in pertinent part: Timing of request for relief.--Confusion currently exists as to the appropriate point at which a request for innocent spouse relief should be made by the taxpayer and considered by the IRS. Some have read the statute to prohibit consideration by the IRS of requests for relief until after an assessment has been made, i.e., after the examination has been concluded, and if challenged, judicially determined. Others have read the statute to permit claims for relief from deficiencies to be made upon the filing of the return before any preliminary determination as to whether a deficiency exists or whether the return will be (continued...)Page: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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