Jeffrey Chou and Cindy Chou - Page 18




                                       - 18 -                                         
          applicable.  See Washington v. Commissioner, 120 T.C. 137, 147              
          (2003).                                                                     
               At the time of the motion to continue, respondent’s position           
          was that Commissioner v. Ewing, 439 F.3d 1009 (9th Cir. 2006),              
          revg. 118 T.C. 494 (2002) and vacating 122 T.C. 32 (2004), was              
          controlling in this case.  In that case, the Court of Appeals               
          held that the Tax Court did not have jurisdiction to hear cases             
          involving relief under section 6015(f) where there was no                   
          determination of a deficiency.  Respondent now concedes, however,           
          that the Tax Relief and Health Care Act of 2006, Pub. L. 109-432,           
          120 Stat. 2922, which amended section 6015(e), confers the                  
          necessary jurisdiction with respect to Mrs. Chou’s claim for                
          relief for the year 2000.  Respondent contends, and we agree,               
          that her claim for 2001 is moot for the reasons discussed above.            
               The testimony of petitioners at trial with respect to the              
          allocation of household responsibilities between them was brief             
          and was credible.  It was credible because petitioners did not              
          make the improbable claims that now appear in the briefs authored           
          by their counsel, as discussed below.                                       
               Respondent asserts that we should disregard the testimony of           
          petitioners because we should consider only the “administrative             
          record” in deciding whether it was an abuse of discretion to deny           
          the relief sought by Mrs. Chou.  Respondent acknowledges that               
          this Court has held that the determination to deny relief under             







Page:  Previous  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  Next 

Last modified: November 10, 2007