- 21 - 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 suchPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011