- 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 NextLast modified: November 10, 2007