Mary Elizabeth Cumings - Page 3




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          this opinion shall not be treated as precedent for any other                
          case.                                                                       
               This case arises from a request for relief under section               
          6015(f) with respect to petitioner’s 2002 taxable year.                     
          Respondent determined petitioner was not entitled to any relief             
          from joint and several liability under section 6015(f).                     
          Petitioner timely filed a petition seeking review of respondent’s           
          determination.2  The issue for decision is whether respondent’s             
          denial of relief under section 6015(f) was an abuse of                      
          discretion.                                                                 
                                     Background                                       
               Some of the facts have been stipulated.  We incorporate the            
          stipulated facts into our findings by this reference.  Petitioner           
          resided in Loveland, Colorado, when her petition in this case was           
          filed.                                                                      





               2Respondent filed a motion to dismiss this case for lack of            
          jurisdiction in which he contended that the Tax Court did not               
          have jurisdiction to review respondent’s denial of relief under             
          sec. 6015(f) in nondeficiency cases.  However, in response to an            
          order to show cause dated Jan. 5, 2007, respondent concedes that            
          the Tax Relief and Health Care Act of 2006, Pub. L. 109-432, div.           
          C, sec. 408(a), (c), 120 Stat. 3061, 3062, amended sec.                     
          6015(e)(1) to confer jurisdiction on the Court over stand-alone             
          requests for equitable relief under sec. 6015(f), effective for             
          tax liabilities arising or remaining unpaid on or after Dec. 20,            
          2006, and requests that his motion to dismiss for lack of                   
          jurisdiction be denied.  An appropriate order denying the motion            
          will be issued in accordance with respondent’s request.                     





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