- 23 - 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.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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