Robby Goodale Gilbert - Page 6

                                        - 5 -                                         
          Ms. Peet with notice of this proceeding and her right to                    
          intervene.4  She did not, however, file a notice of intervention            
          and did not appear nor participate in the trial of this case.               
               A taxpayer generally may petition this Court for a review of           
          the Commissioner’s determination denying relief under section               
          6015.  Sec. 6015(e)(1)(A).  On July 25, 2006, this Court issued             
          Billings v. Commissioner, 127 T.C. 7 (2006), holding that the               
          Court does not have jurisdiction to review the Commissioner’s               
          denial of relief under section 6015(f) in a stand-alone section             
          6015 case where no deficiency has been asserted.  The Tax Relief            
          and Health Care Act of 2006, Pub. L. 109-432, div. C, sec. 408,             
          120 Stat. 3061, amended section 6015(e)(1) to provide that this             
          Court may review the Commissioner’s denial of relief under                  
          section 6015(f) in cases where no deficiency has been asserted.5            
          Accordingly, this Court has jurisdiction to review respondent’s             
          determination that petitioner is not entitled to relief under               
          section 6015(f) from tax reported but not paid on his joint                 
          income tax returns for 2000 and 2001.                                       


               4Between the time that the petition was filed in this case             
          and the time of trial, Ms. Peet was found in New Zealand,                   
          extradited to the United States, and incarcerated.  As of the               
          date of trial, petitioner’s minor son had been returned to the              
          United States and was in petitioner’s custody.                              
               5The legislative amendment applies “with respect to                    
          liability for taxes arising or remaining unpaid on or after the             
          date of the enactment of this Act.”  The date of enactment was              
          Dec. 20, 2006.  See Tax Relief and Health Care Act of 2006, Pub.            
          L. 109-432, div. C, sec. 408, 120 Stat. 3061.                               




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011