Helen M. Korchak - Page 23

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               relief under I.R.C. � 6015(f).                                         
                    5.  Petitioner’s counsel has indicated that peti-                 
               tioner is seeking relief under I.R.C. � 6015(b) and                    
               (f).                                                                   
                  *       *       *       *       *       *       *                   
                    7.  Respondent requests this Court grant his mo-                  
               tion to remand so that he may have an opportunity to                   
               make a determination with respect to petitioner’s claim                
               for relief from joint and several liability under                      
               I.R.C. � 6015(b) and (f).                                              
               On August 10, 2004, the Court denied respondent’s motion to            
          remand but continued the trial.  On August 11, 2004,17 respon-              
          dent’s counsel referred petitioner’s request for relief under               
          section 6015 to respondent’s Cincinnati Service Center.                     
               On or about November 11, 2004, petitioner sent to respondent           
          Form 8857, Request for Innocent Spouse Relief (And Separation of            
          Liability and Equitable Relief), with respect to her taxable year           
          1982 (petitioner’s Form 8857).  Petitioner attached to peti-                
          tioner’s Form 8857 Form 12510, Questionnaire for Requesting                 
          Spouse (Form 12510), a preprinted form.  The preprinted Form                
          12510 contained several parts identified as Part 1 through 5.               
          The instructions to Part 1 of Form 12510 stated:  “Complete this            


               17The parties stipulated that respondent referred peti-                
          tioner’s request for relief under sec. 6015 to respondent’s                 
          Cincinnati Service Center on Aug. 11, 2003, and not on Aug. 11,             
          2004.  That stipulation is clearly contrary to the facts that we            
          have found are established by the record, and we shall disregard            
          it.  See Cal-Maine Foods, Inc. v. Commissioner, 93 T.C. 181, 195            
          (1989).  The record establishes, and we have found, that respon-            
          dent referred petitioner’s request for relief under sec. 6015 to            
          the Cincinnati Service Center on Aug. 11, 2004.                             




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