Kelly Sue Tipton, Petitioner, and Darren L. Darilek, Intervenor - Page 6

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          at trial and does not otherwise participate in the resolution of            
          his claim.  Rule 149(a); Rollercade, Inc. v. Commissioner, 97               
          T.C. 113, 116-117 (1991).  Additionally, Rule 123(d) states that            
          “A decision rendered upon a default or in consequence of a                  
          dismissal, other than a dismissal for lack of jurisdiction, shall           
          operate as an adjudication on the merits.”  However, Rule 123(b)            
          and (d) does not mention intervenors, and the Court does not                
          enter a decision in respect of an intervening nonrequesting                 
          spouse.  Rather, the decision that is entered with respect to               
          section 6015 relief is one either granting or denying relief from           
          joint liability to the requesting spouse.                                   
               A nonrequesting spouse is given the right under section                
          6015(e)(4) to intervene in stand-alone actions involving section            
          6015 relief.  Van Arsdalen v. Commissioner, 123 T.C. 135 (2004).            
          Rule 325(a), Corson v. Commissioner, supra, and King v.                     
          Commissioner, supra, grant a nonrequesting spouse the right to              
          intervene as a party and to litigate whether the Commissioner               
          should grant section 6015 relief to a requesting spouse in a                
          deficiency suit.  As noted above, a nonrequesting spouse who                
          intervenes as a party does not have rights superior to those of             
          other parties and is subject to the Court’s Rules.  Accordingly,            
          an intervenor who properly has been notified of trial has no                
          immunity from dismissal for failure to appear in Court when the             
          case is called for trial.  Although Rule 123(b) and (d) does not            






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