Mary Elizabeth Cumings - Page 7




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                   (1) taking into account all the facts and                          
              circumstances, it is inequitable to hold the individual                 
              liable for any unpaid tax or any deficiency (or any                     
              portion of either); and                                                 
                   (2) relief is not available to such individual                     
              under subsection (b) or (c),                                            
              the Secretary may relieve such individual of such                       
              liability.[4]                                                           
              This Court is a court of limited jurisdiction, and it may               
         exercise its jurisdiction only to the extent authorized by                   
         Congress.  Sec. 7442; Moore v. Commissioner, 114 T.C. 171, 175               
         (2000); Naftel v. Commissioner, 85 T.C. 527, 529 (1985).  On                 
         December 20, 2006, Congress amended section 6015(e)(1) to provide            
         that this Court has jurisdiction over stand-alone section 6015(f)            
         cases.5  Tax Relief and Health Care Act of 2006, Pub. L. 109-432,            
         div. C, sec. 408(a), (c), 120 Stat. 3061, 3062.6  Respondent                 

               4Because petitioner seeks relief from an underpayment of tax           
          rather than understatements of tax, relief under subsecs. (b) and           
          (c) of sec. 6015 is not available to her.  Sec. 6015(b) and (c);            
          see also Washington v. Commissioner, 120 T.C. 137, 145-147                  
          (2003).                                                                     
               5Sec. 408(c) of the Tax Relief and Health Care Act of 2006,            
          Pub. L. 109-432, div. C, 120 Stat. 3062, provides that “The                 
          amendments made by * * * [sec. 408] shall apply with respect to             
          liability for taxes arising or remaining unpaid on or after [Dec.           
          20, 2006].”                                                                 
               6Sec. 6015(e) now provides:                                            
               SEC. 6015(e).  Petition for Review by Tax Court.--                     
                    (1)  In general.--In the case of an individual                    
               against whom a deficiency has been asserted and who                    
               elects to have subsection (b) or (c) apply, or in the                  
                                                             (continued...)           






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