- 2 - The earlier litigation resulted in a decision that became final. Lincir v. Commissioner, T.C. Memo. 1999- 98, supplemented 115 T.C. 293 (2000), affd. 32 Fed. Appx. 278 (9th Cir. 2002). P filed the instant case for innocent spouse relief under sec. 6015, I.R.C. 1986. P moves for partial summary judgment that she is not barred from claiming innocent spouse relief even though, for purposes of the instant motion only, P concedes her meaningful participation in the earlier proceeding, “within the meaning of I.R.C. §6015(g)(2)”. Held: P’s stipulated concession precludes her entitlement to judgment as a matter of law, and so P’s partial summary judgment motion is denied. Michael D. Savage, for petitioner. Michael R. Skutley, for respondent. MEMORANDUM OPINION CHABOT, Judge: This matter is before us on petitioner’s motion under Rule 1211 for partial summary judgment that petitioner is permitted to claim relief under section 60152 for 1978 through 1982, because relief under that section was not available to her when she litigated income tax deficiencies for the same years in a prior case in this Court. 1 Unless indicated otherwise, all Rule references are to the Tax Court Rules of Practice and Procedure. 2 Unless indicated otherwise, all section references are to sections of the Internal Revenue Code of 1986 as in effect for proceedings commenced at the time the petition in the instant case was filed.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007