- 9 - 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...)Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 10, 2007