Diane C. Lincir - Page 16




                                       - 16 -                                         
          proposed regulations were published explaining the allocation               
          systems “petitioner did not even know whether * * * it would be             
          worth the effort (not to mention this Court’s resources), to seek           
          relief”; and (4) because of the 2-year election rule under                  
          section 6015 as enacted by the 1998 Act, petitioner was not                 
          required to seek relief under section 6015 while the 1989 case              
          was pending.                                                                
               Respondent notes that the effective date of the regulation             
          on which petitioner relies precludes its application to                     
          petitioner’s case,6 but agrees that “the reasoning behind Treas.            
          Reg. § 1.6015-1(e), that a taxpayer should not be barred from               
          raising section 6015 if the defense was unavailable because of              
          the effective date of section 6015, should apply with equal force           
          here.”7  Respondent contends that petitioner’s motion should                
          nevertheless be denied because the section 6015 innocent spouse             
          defense was available to petitioner in the 1989 case, based on              
          the following:  (1) Reopening the record is within the discretion           


               5(...continued)                                                        
          new issue to be raised during the Rule 155 computation                      
          proceedings.                                                                
               6 The parties stipulated that petitioner filed her request             
          for innocent spouse relief on Nov. 21, 2001.  The regulations               
          apply to requests filed on or after July 18, 2002.  Sec. 1.6015-            
          9, Income Tax Regs.                                                         
               7 To the same effect, see our discussion in Trent v.                   
          Commissioner, T.C. Memo. 2002-285.  See also Hopkins v.                     
          Commissioner, 120 T.C. 451 (2003).                                          






Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next 

Last modified: November 10, 2007