Diane C. Lincir - Page 18




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          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.             






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