Lisa Susan Kovitch, Petitioner, and Richard P. Kovitch, Intervenor - Page 9




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               Mr. Kovitch’s tax liability is a liability to the United               
          States, and whether or not spousal relief is granted to                     
          petitioner, Mr. Kovitch remains liable.  The only issue to be               
          decided is the extent to which petitioner will remain liable for            
          the 2002 tax liability.  As the Court of Appeals for the Ninth              
          Circuit has observed, the Tax Court’s determination regarding               
          relief under section 6015 does not affect the intervening former            
          spouse’s personal tax liability.  Baranowicz v. Commissioner, 432           
          F.3d 972, 974 (9th Cir. 2005).8                                             
               Regardless of whether we grant or deny relief to petitioner            
          under section 6015, our decision in this case can neither                   
          increase nor decrease Mr. Kovitch’s tax liability and thus will             
          not affect whether Mr. Kovitch is liable for the entire amount.             
          Therefore, petitioner’s request for section 6015 relief does not            
          concern the tax liability of Mr. Kovitch.9  Accordingly, we hold            

               8 The Court of Appeals for the Ninth Circuit decided that an           
          intervening former spouse lacked standing to appeal the Tax                 
          Court’s determination regarding sec. 6015 relief.  Baranowicz v.            
          Commissioner, 432 F.3d 972 (9th Cir. 2005).  In Baranowicz, the             
          intervenor argued that, although the deficiencies determined by             
          the Tax Court or the Court of Appeals would not change his                  
          obligation to pay, the determination granting spousal relief to             
          the requesting spouse constituted actual injury.  The Court of              
          Appeals disagreed, holding that “Absent a showing of some                   
          concrete harm, we must reject * * * [the intervenor’s] argument             
          that the mere grant of participation rights in the Tax Court                
          under § 6015(e)(4) is sufficient to confer on him standing to               
          appeal.”  Id. at 976.                                                       
               9 We recognize that a decision granting petitioner’s request           
          for relief could conceivably have a financial impact on Mr.                 
                                                             (continued...)           






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