Philip Ira Maggio, Jr. - Page 3

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          The decision to be entered is not reviewable by any other court,            
          and this opinion should not be cited as authority.                          
               For 2002, the year at issue, petitioner was married to                 
          Brenda S. Maggio.  They filed a joint Federal income tax return             
          for the year at issue.  In the examination of the return for                
          2002, petitioner’s spouse agreed to a deficiency of $27,847 in              
          tax.  Petitioner, however, did not agree to the proposed                    
          deficiency.  Accordingly, a notice of deficiency was issued                 
          solely to him for the deficiency of $27,847.  No notice of                  
          deficiency was issued to petitioner’s spouse because of her prior           
          concession of the deficiency.                                               
               In his petition to this Court, petitioner does not challenge           
          the deficiency and seeks only relief from joint liability under             
          section 6015.  At trial, petitioner and respondent filed a                  
          Stipulation of Settled Issues wherein petitioner conceded the               
          deficiency of $27,847.  Respondent, in turn, conceded that                  
          petitioner was entitled to relief from joint liability for the              
          year at issue under section 6015(c).  Thus, there is no                     
          justiciable issue between petitioner and respondent.  The sole              
          issue is the intervention filed by petitioner’s former spouse,              
          Brenda S. Stringer, who opposes the granting of section 6015                
          relief to petitioner.                                                       
               Some of the facts were stipulated and are so found.  The               
          stipulation of facts and the accompanying exhibits are                      






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