- 6 - The Commissioner then revisited Ms. Goode-Parker’s case to decide it on the merits, but again rejected it. He denied relief under section 6015(b) and (c) because he found that she had reason to know of the items causing the understatement of tax. And he also denied relief under section 6015(f) because he found that she did not reasonably believe, when she signed the return, that the tax would be paid in a reasonable amount of time; because she did not establish that paying the tax would cause her economic hardship; and because a portion of the unpaid tax was attributable to her. Ms. Goode-Parker seeks review of this revised determination. Trial was held in Los Angeles, and she resided in California when she filed her petition. Discussion This is one of a large number of cases affected first by the Ninth Circuit’s opinion in Commissioner v. Ewing, 439 F.3d 1009 (9th Cir. 2006), revg. 118 T.C. 494 (2002), vacating 122 T.C. 32 (2004), and then by this Court’s opinion in Billings v. Commissioner, 127 T.C. 7 (2006). These cases both held that the Tax Court’s jurisdiction to review the Commissioner’s innocent spouse determinations requires that a deficiency have been asserted against the taxpayer seeking relief. To understand what this means requires a little background: Section 6013(a) lets married couples choose to file their Federal tax return jointly,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011