David Bruce Billings - Page 62

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          the commonly accepted definition of the term “assert”, I contend            
          that it is also clear that (1) petitioner and his wife “asserted”           
          the deficiency on their amended 1999 return, and (2) respondent             
          “asserted” the same deficiency when he assessed the additional              
          tax liability reported on petitioner’s amended 1999 return.  If             
          one concludes, however, that the language of section 6015(e)(1)             
          is not clear because it is susceptible of more than one                     
          interpretation as outlined above, then recourse to the                      
          legislative history of section 6015(e)(1) as amended is                     
          warranted.                                                                  
               In Ewing I, we reviewed the legislative history of the 2001            
          amendment to section 6015(e).  After quoting pertinent language             
          in the conference report accompanying the Consolidated                      
          Appropriations Act, 2001, see H. Conf. Rept. 106-1033, at 1023              
          (2000), we concluded as follows:                                            
               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 * * *  [Ewing v. Commissioner, 118                  
               T.C. at 505.]                                                          







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