- 18 - in section 6015(g)(2) (under the 2000 Act).8 The statutory language provides that “if a decision of a court * * * has become final, such decision shall be conclusive”. Sec. 6015(g)(2) (emphasis supplied). An exception is provided, but the statute states that exception “shall not apply if the court determines that the individual participated meaningfully in such prior proceeding.” Id. (emphasis supplied). Both sides focus on the following sentence in sec. 1.6015- 1(e), Income Tax Regs.: “A requesting spouse has not meaningfully participated in a prior proceeding if, due to the effective date of section 6015, relief under section 6015 was not available in that proceeding.” See supra text at notes 6 and 7. The regulation provides a partial definition of the statutory language. Petitioner contends this partial definition helps her cause and she qualifies for its benefits. Respondent does not dispute the effectiveness of this partial definition to help some innocent spouse claimants but contends that this petitioner does not satisfy the requirements. Cf. Rauenhorst v. Commissioner, 119 T.C. 157, 167-173 (2002); Automated Packaging Systems, Inc. v. Commissioner, 70 T.C. 214, 225 (1978) (Chabot, J., concurring). 8 So that “he that runs may read”, the Congress headed this provision “Res judicata” in both the 1998 Act and the 2000 Act.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NextLast modified: November 10, 2007