Peter D. Adkison - Page 14




                                       - 14 -                                         
          may be adjudicated only following a final decision in the related           
          partnership-level proceeding.  Respondent relies primarily on               
          Life Care Cmtys. of Am. v. Commissioner, T.C. Memo. 1997-95, and            
          Mann-Howard v. Commissioner, T.C. Memo. 1992-537, for the                   
          proposition that the spouse of a partner must prosecute a claim             
          for relief under section 6015 in an affected items proceeding.              
               Petitioner asserts that various developments in this case,             
          including the parties’ attempt to settle petitioner’s tax                   
          liability for 1999, and eventually the issuance of both the FPAA            
          and the invalid notice of deficiency, demonstrate that respondent           
          “asserted” a deficiency against him within the meaning of section           
          6015(e)(1)(A).  As petitioner sees it, his petition is a valid              
          stand-alone petition for relief under section 6015(e).                      
               Taking into account the ongoing partnership-level                      
          proceeding, we conclude that respondent has not “asserted” a                
          deficiency against petitioner within the meaning of section                 
          6015(e)(1)(A).  As explained below, petitioner’s claim for relief           
          under section 6015 is premature and will not crystallize into a             
          justiciable case or controversy until the underlying partnership-           
          level proceeding is final and respondent has issued to petitioner           
          a notice of computational adjustment.                                       
               The question of when the Court may exercise jurisdiction to            
          review a claim for relief from joint and several liability on a             
          joint return in the context of a TEFRA partnership proceeding is            







Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next 

Last modified: November 10, 2007