David Bruce Billings - Page 4




                                        - 4 -                                         
               David asked the IRS for relief from joint liability for the            
          unpaid 1999 tax but, in November 2002, the IRS denied his request           
          based on “all the facts and circumstances,” particularly because:           
                    you failed to establish that it was                               
                    reasonable for you to believe the tax                             
                    liability was paid or was going to be paid                        
                    at the time you signed the amended return.                        
          David appealed, and the IRS issued its final determination, again           
          denying him relief because he did not believe when he signed the            
          amended return that the tax would be paid.                                  
               David then petitioned our Court to overturn the                        
          Commissioner’s determination.  Such a petition is called a                  
          nondeficiency stand-alone petition--“nondeficiency” because the             
          IRS accepted his amended return as filed and asserted no                    
          deficiency against him, and “stand-alone” because his claim for             
          innocent-spouse relief was made under section 6015 and not as               
          part of a deficiency action or in response to an IRS decision to            
          begin collecting his tax debt through liens or levies.  When this           
          case was first before us, our jurisdiction over such petitions              
          was controversial.  We had first held that we did have                      
          jurisdiction, Ewing v. Commissioner, 118 T.C. 494 (2002), but               
          then the Ninth Circuit reversed us in Commissioner v. Ewing, 439            
          F.3d 1009 (9th Cir. 2006), and the Eighth Circuit followed in               
          Bartman v. Commissioner, 446 F.3d 785, 787-788 (8th Cir. 2006),             
          affg. in part, vacating in part T.C. Memo. 2004-93.  After these            
          two cases, we revisited the question and in Billings I followed             






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 10, 2007