David Bruce Billings - Page 56

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          Commissioner (or anyone else for that matter) must actually have            
          determined a deficiency.  The pertinent language of section                 
          6015(e)(1) as amended requires only that a deficiency must have             
          been asserted by someone, but it does not specify by whom or how            
          or when.                                                                    
               Because section 6015(e) as amended does not use the magic              
          words “determine a deficiency” or specify that the deficiency               
          must actually be asserted by the Commissioner, section 6015(e)(1)           
          as amended screams out for interpretation.  If Congress had                 
          intended to limit the right to petition this Court in section               
          6015 cases only to those taxpayers who had received a notice of             
          deficiency, it is beyond debate that Congress knew how to say so            
          clearly and unequivocally.  The fact that Congress did not refer            
          to “an individual against whom a deficiency has been determined”            
          or to “an individual against whom the Commissioner has determined           
          a deficiency” is compelling evidence that Congress did not                  
          intend, when it amended section 6015(e)(1), to limit the right to           
          petition this Court in section 6015 cases to those taxpayers to             
          whom the Commissioner had mailed a notice of deficiency.                    
               This case illustrates why recourse to the legislative                  
          history is warranted now and was warranted in Ewing I.                      
          Petitioner filed a joint return for 1999 with his wife.  On that            
          return, there is an understatement of tax attributable to the               
          erroneous items (unreported embezzlement income) of petitioner’s            





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