Suzanne Vance Fain, a.k.a. Suzanne Fain-Poisson - Page 5




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               We finally note that allowing intervention is reasonable be-           
          cause it likely will increase the probability that we'll reach              
          the right result in any particular case.  This is why we’ve con-            
          strued the right of a living spouse to intervene not just to op-            
          pose a petition, e.g., King v. Commissioner, 115 T.C. 118, 125              
          (2000), but also to support it, e.g., Van Arsdalen, 123 T.C. at             
          142.                                                                        
               We note that this is our construction of a statutory right,            
          and should not be confused with the issue of whether someone who            
          is jointly liable on a tax debt has constitutional standing to              
          challenge the Commissioner’s decision to let another taxpayer off           
          the hook for that debt.  The Ninth Circuit--the circuit to which            
          this case would be appealed because Suzanne was a Nevada resident           
          when she filed her petition--has held that a nonrequesting spouse           
          lacks standing to challenge on appeal our decision to grant                 
          innocent-spouse relief precisely because the spouse’s liability             
          would remain the same whether or not relief was granted,                    
          Baranowicz v. Commissioner, 432 F.3d 972, 975 (9th Cir. 2005),              
          affg. T.C. Memo. 2003-274, and we are not faced with that issue             
          here.                                                                       
               The last question is what the Commissioner should do when              
          neither he nor the requesting spouse has any idea whether there             
          is an estate and whether it has a personal representative.  While           
          there may well be circumstances in which the Court’s discretion             







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