Gordon and Ilene Freeman - Page 21

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               4.   Mrs. Freeman’s Pending Innocent Spouse Claim                      
               At the time of the section 6330 hearing, Mrs. Freeman had an           
          innocent spouse case pending before the Tax Court at docket No.             
          18985-02 for her 1980 through 1986 and 1994 tax years.  In their            
          petition, petitioners argued that, because of Mrs. Freeman’s                
          pending innocent spouse case:  (1) Respondent abused his                    
          discretion by considering the assets of both spouses; and (2) the           
          notice of intent to levy was invalid against Mrs. Freeman.                  
               Petitioners did not argue on brief that respondent abused              
          his discretion by considering the assets of both spouses.                   
          Therefore, we conclude that petitioners have abandoned this                 
          argument.  Even so, we do not find that Ms. Cochran’s                       
          consideration of the assets of both spouses was arbitrary or                
          capricious.  In the final notice, respondent proposed to levy               
          against petitioners’ assets to collect their outstanding tax                
          liabilities for 1980 through 1985, 1989, and 1990.  Because her             
          innocent spouse case did not include 1989 and 1990, Mrs.                    
          Freeman’s assets were exposed to collection of her outstanding              
          tax liabilities for those years.                                            
               Petitioners continued to argue on brief that the notice of             
          intent to levy was invalid against Mrs. Freeman.  This issue is             
          moot.  Section 6015(e)(1)(B)(i) provides:                                   
               no levy * * * shall be made, begun, or prosecuted                      
               against the individual making an election under                        
               subsection (b) or (c) [relating to innocent spouse                     
               relief] for collection of any assessment to which such                 





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