Diane C. Lincir - Page 6




                                        - 6 -                                         
          stipulated orally that petitioner “conceded the innocent spouse             
          issue under section 6013(e)”.  See Lincir v. Commissioner, T.C.             
          Memo. 1999-98 n.3.  This concession was embodied in a written               
          stipulation of settled issues in the 1989 case, filed on March              
          17, 1997.                                                                   
               Petitioner meaningfully participated in the 1989 case within           
          the meaning of section 6015(g)(2).4                                         
               On January 28, 1999, this Court decided in favor of the                
          Commissioner the issues decided in the lead cases; none of the              
          taxpayers in the lead cases appealed this Court’s decision.  This           
          Court’s opinion in the 1989 case was filed thereafter on March              
          29, 1999.  Lincir v. Commissioner, T.C. Memo. 1999-98.  A dispute           
          arose regarding the computations under Rule 155 in the 1989 case;           
          this was resolved in favor of respondent.  Lincir v.                        
          Commissioner, 115 T.C. 293 (2000).  Decision was entered October            
          2, 2000.  Petitioner and Lincir appealed.  This Court’s                     
          determinations were affirmed.  Lincir v. Commissioner, 32 Fed.              
          Appx. 278 (9th Cir. 2002).                                                  
               After the trial and before this Court filed the first                  
          opinion in the 1989 case, the Congress enacted the Internal                 
          Revenue Service Restructuring and Reform Act of 1998, Pub. L.               
          105-206, 112 Stat. 685, hereinafter sometimes referred to as the            

               4 So stipulated.  The parties further stipulate that this              
          stipulation “is made solely for purposes of the petitioner’s                
          motion for partial summary judgment and for no other purpose.”              






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 10, 2007