- 3 - After the pleadings were closed, two Courts of Appeals, those for the Eighth and Ninth Circuits, ruled that the Tax Court lacked jurisdiction to consider denials of relief under section 6015(f) in proceedings where no deficiency had been asserted. See Bartman v. Commissioner, 446 F.3d 785 (8th Cir. 2006), affg. in part and vacating in part T.C. Memo. 2004-93; Commissioner v. Ewing, 439 F.3d 1009 (9th Cir. 2006), revg. 118 T.C. 494 (2002), vacating 122 T.C. 32 (2004). This Court subsequently reached the same conclusion in Billings v. Commissioner, 127 T.C. 7 (2006). Given these developments, respondent on September 14, 2006, filed the above-referenced motion to dismiss for lack of jurisdiction. Respondent noted specifically that no deficiencies have been asserted against petitioner or Mr. Hunter. The Court issued an order directing petitioner to file any response to respondent’s motion, and petitioner so responded on October 10, 2006. Petitioner briefly recited the substance of her position as follows: “Although I am objecting because I think my case should be heard, in principle I agree with the ruling. A tax court determining equitable spousal relief appears to be a conflict of interest. It would be more equitable to have an independent, objective party make this determination.” Discussion The Tax Court is a court of limited jurisdiction and may exercise only the power conferred by statute. E.g., Raymond v.Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011