- 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 underPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NextLast modified: November 10, 2007