Lisa Susan Kovitch, Petitioner, and Richard P. Kovitch, Intervenor - Page 3




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                                     Background                                       
               Petitioner and her former husband, Richard P. Kovitch, filed           
          a joint Federal income tax return for their tax year 2002.  They            
          have since divorced.  On April 7, 2005, respondent issued a                 
          notice of deficiency to petitioner and Mr. Kovitch for 2002.                
          Petitioner timely filed a petition.  The only issue raised in her           
          petition is whether she is entitled to relief from joint and                
          several liability pursuant to section 6015.2  Petitioner is not             
          challenging the underlying deficiency.  Mr. Kovitch did not file            
          a petition.                                                                 
               Pursuant to Rule 325(a) and King v. Commissioner, 115 T.C.             
          118 (2000), respondent sent a timely notice of filing of petition           
          and right to intervene to Mr. Kovitch, who then filed a notice of           
          intervention.  By filing his notice of intervention, Mr. Kovitch            
          became a party to this case.  See sec. 6015(e)(4); King v.                  
          Commissioner, supra.  Shortly after Mr. Kovitch filed his notice            
          of intervention,3 he filed for bankruptcy.4  Mr. Kovitch’s                  

               2 Unless otherwise indicated, all section references are to            
          the Internal Revenue Code for the year at issue, and all Rule               
          references are to the Tax Court Rules of Practice and Procedure.            
               3 There is a question as to the timeliness of Mr. Kovitch’s            
          notice of intervention.  Pursuant to Rule 325(b), a notice of               
          intervention should be filed “not later than 60 days after                  
          service of the notice by the Commissioner of the filing of the              
          petition, unless the Court directs otherwise.”  Mr. Kovitch                 
          suggests that any delay may be due to his change of address, and            
          we note that he originally sent the notice of intervention to               
          respondent, who apparently forwarded it to the Court.  Respondent           
                                                             (continued...)           






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