Kelly Sue Tipton, Petitioner, and Darren L. Darilek, Intervenor - Page 2

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               Kelly Sue Tipton, pro se.                                              
               Darren L. Darilek, pro se.                                             
               Jennifer K. Martwick, for respondent.                                  


                                   OPINION                                            

               WELLS, Judge:  The instant case is before the Court on                 
          respondent’s motion to dismiss Darren L. Darilek (intervenor) for           
          failure properly to prosecute.  Unless otherwise indicated, all             
          section references are to the Internal Revenue Code, as amended,            
          and all Rule references are to the Tax Court Rules of Practice              
          and Procedure.                                                              
                                     Background                                       
               Petitioner and intervenor filed a joint tax return for                 
          taxable year 2002 and divorced in 2003.  On March 8, 2005,                  
          respondent issued a notice of deficiency determining a deficiency           
          of $7,173 in petitioner and intervenor’s Federal income tax for             
          taxable year 2002.  Petitioner timely petitioned this Court for a           
          redetermination of the deficiency.  During her Appeals                      
          conference, petitioner requested relief from joint and several              
          liability pursuant to section 6015 (section 6015 relief).  On               
          May 25, 2006, as required by Rule 325(a), respondent notified               
          intervenor of petitioner’s request for section 6015 relief and              
          of intervenor’s right to intervene.  On July 27, 2006, intervenor           
          timely filed a notice of intervention with this Court in which he           





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