Claire C. Meade, Petitioner and James W. Meade, Intervenor - Page 3

                                        - 3 -                                         
          Panuthos, as modified in major respects, are set forth below as             
          the report of the Court.                                                    
               This case arose from petitioner’s request for relief from              
          joint and several liability under section 6015(f) for the taxable           
          years 1998, 1999, and 2000.2  After our Opinion was filed in                
          Billings, we issued an order directing the parties to show cause            
          why this case should not be dismissed for lack of jurisdiction.             
          Respondent filed a response to the Court’s order agreeing that we           
          lack jurisdiction.  Petitioner filed a document that was                    
          nonresponsive to the jurisdictional issue but questioned whether            
          she had any liability if no deficiency was asserted against her.            
          We have concluded that we lack jurisdiction to review                       
          respondent’s denial of relief under section 6015(f) where no                
          deficiency has been asserted, and we shall therefore dismiss this           
          case for lack of jurisdiction.                                              
                                     Background                                       
               Some of the facts have been stipulated, and the stipulated             
          facts are incorporated by this reference.  Petitioner and                   



               2  Petitioner elected small tax case status pursuant to sec.           
          7463, and the Court granted the request.  Before trial,                     
          respondent made an oral motion to discontinue small tax case                
          proceedings because the amount of relief sought exceeded the                
          applicable jurisdictional amount prescribed in the statute.  The            
          Court agreed with respondent and granted respondent’s oral motion           
          to strike the “S” designation from this case.  See secs. 6015(e),           
          7463(f).  The Court explained to the parties that the case would            
          be considered under the Rule 183 procedures.                                





Page:  Previous  1  2  3  4  5  6  Next

Last modified: May 25, 2011