Peter D. Adkison - Page 7




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               Congress vested the Tax Court with jurisdiction to review a            
          taxpayer’s election to claim relief from joint and several                  
          liability on a joint return under various circumstances.  See               
          King v. Commissioner, 115 T.C. 118, 121-122 (2000); Corson v.               
          Commissioner, 114 T.C. 354, 363-364 (2000).  A taxpayer may seek            
          relief from joint and several liability on a joint return by                
          raising the matter as an affirmative defense in a petition for              
          redetermination filed in response to a notice of deficiency under           
          section 6213(a).  See Butler v. Commissioner, 114 T.C. 276, 287-            
          288 (2000).  In addition, a taxpayer may file with the Court a              
          so-called stand-alone petition seeking relief from joint and                
          several liability on a joint return if (1) the Commissioner                 
          issues a final determination letter denying the taxpayer’s claim            
          for such relief or (2) the Commissioner has failed to rule on the           
          taxpayer’s claim for relief within 6 months of its filing.  See             
          sec. 6015(e)(1); Mora v. Commissioner, 117 T.C. 279 (2001);                 
          Corson v. Commissioner, supra at 363.  A taxpayer also may                  
          request relief from joint and several liability on a joint return           
          in a petition for review of a lien or levy action.  See secs.               
          6320(c), 6330(c)(2)(A)(i).                                                  
          TEFRA Partnership Provisions                                                
               The proper tax treatment of any partnership item generally             
          is determined at the partnership level pursuant to the TEFRA                
          partnership provisions.  The TEFRA procedures apply with respect            







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