- 2 - OPINION HOLMES, Judge: Suzanne Vance Fain filed this case when the Commissioner refused to grant her innocent-spouse relief from her unpaid tax liability for 1999. Her case was already on a trial calendar when Commissioner’s counsel realized that the IRS had not notified her husband of his right to intervene. That turned out to be impossible--he was dead. We are called to plug a small but noticeable gap in the tax law--is a nonrequesting spouse’s right to intervene extinguished by death or does it instead pass to a successor-in-interest? Background According to the pleadings already filed in this case, the Fains filed a joint tax return for 1999. It showed that they owed about $15,000, but neither Fain paid. The couple later separated, and eventually the Commissioner began to try to collect the unpaid tax. In February 2006, Suzanne filed a request for innocent- spouse relief under section 60151 with the Commissioner. He denied it in September 2006, and Suzanne filed a petition seeking review with this Court. Section 6015(e)(4) required us to issue rules that provide nonrequesting spouses “with adequate notice 1 Unless otherwise indicated, all section references are to the Internal Revenue Code for the year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 NextLast modified: November 10, 2007