Carol J. Hunter - Page 4

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          Commissioner, 119 T.C. 191, 193 (2002); Naftel v. Commissioner,             
          85 T.C. 527, 529 (1985); see also sec. 7442.  It likewise is well           
          recognized, as a corollary to the foregoing principle, that the             
          Court lacks equitable powers to expand its statutorily prescribed           
          jurisdiction.  E.g., Commissioner v. McCoy, 484 U.S. 3, 7 (1987);           
          Bokum v. Commissioner, 992 F.2d 1136, 1140 (11th Cir. 1993),                
          affg. T.C. Memo. 1990-21; Woods v. Commissioner, 92 T.C. 776, 785           
          (1989).  Moreover, the existence of jurisdiction in a particular            
          case is fundamental and may be raised at any point in the                   
          proceeding, either by a party or by the Court sua sponte.  E.g.,            
          Smith v. Commissioner, 124 T.C. 36, 40 (2005); Raymond v.                   
          Commissioner, supra at 193; Naftel v. Commissioner, supra at 530.           
               For the reasons set forth in Billings v. Commissioner,                 
          supra, the Court has concluded that our jurisdiction under the              
          laws governing joint and several liability does not extend to               
          review of the Commissioner’s denials of requests for relief                 
          pursuant to section 6015(f) where no deficiency has been                    
          asserted.  Nor can equitable or policy concerns expand this                 
          jurisdiction in disregard of the express provisions of the                  
          statute enacted by Congress.  Accordingly, we are constrained to            
          grant respondent’s motion and to dismiss this case for lack of              
          jurisdiction.                                                               









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