Claire C. Meade, Petitioner and James W. Meade, Intervenor - Page 4

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          intervenor resided in Sarasota, Florida, at the time she filed              
          the petition and he filed the notice of intervention.                       
               Petitioner and intervenor were married in 1981, and they               
          have lived together as husband and wife.  At the time of trial              
          they had not divorced or separated.  On August 11, 2003,                    
          petitioner submitted a Form 8857, Request for Innocent Spouse               
          Relief, to the Internal Revenue Service (IRS).  The IRS issued a            
          notice of determination with respect to the taxable year 1998 on            
          March 23, 2004.  On June 18, 2004, a notice of determination was            
          issued with respect to the taxable years 1999, 2000, and 2001.              
          The petition seeking relief for the taxable years 1998, 1999, and           
          2000 was filed May 20, 2004.3                                               
                                     Discussion                                       
               A tax deficiency is a prerequisite to relief under section             
          6015(b) or (c).  Sec. 6015(b)(1)(B) and (c)(1); Block v.                    
          Commissioner, 120 T.C. 62, 65-66 (2003).  Petitioner and                    
          intervenor filed joint returns resulting in an underpayment.                
          There being no tax deficiency, relief is not available under                
          either subsection (b) or (c).  See Washington v. Commissioner,              




               3  While the petition was filed before the notice of                   
          determination issued on June 18, 2004, the petition appears to              
          have been filed on a date that is 6 months after the date the               
          sec. 6015 election was made.  See sec. 6015(e)(1)(A)(i)(II).                
          Neither party has questioned jurisdiction with respect to 1998,             
          1999, or 2000 in this respect.                                              





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