- 2 - Code in effect for the taxable year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. Respondent determined a deficiency in petitioner’s Federal income tax for the taxable year 2001 of $5,831 and a penalty pursuant to section 6662(a) of $1,009. After concessions1 by the parties, the issue for decision is whether respondent abused his discretion in denying petitioner’s request for relief from joint and several liability under section 6015(f). Background Some of the facts have been stipulated, and they are so found. The stipulation of facts, the second stipulation of facts, and the attached exhibits are incorporated by this reference. At the time of filing the petition, petitioner resided in Salinas, California. Petitioner and Manuel Rodriguez2 were married in June 1999, and they separated sometime in November 2000. Petitioner filed for a divorce in 2004; however that matter was still pending at the time of trial. Petitioner was employed as a day care 1 Respondent concedes that petitioner is not liable for a sec. 6662(a) penalty of $1,009. Petitioner concedes that she received $13 in interest income from Wells Fargo Bank in tax year 2001. 2 On Aug. 3, 2004, respondent issued to Mr. Rodriguez a Notice of Filing of Petition and Right to Intervene. Mr. Rodriguez did not file a notice of intervention.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011