- 20 - 115 T.C. 255, 257 n.2 (2000), affd. 276 F.3d 1269 (11th Cir. 2001); Jasionowski v. Commissioner, 66 T.C. 312, 318 (1976). Petitioner was advised by counsel in the 1989 case and is advised by counsel in the instant case. We do not see any special circumstances that would warrant us, sua sponte, to relieve any party in the instant case from the effects of the “meaningfully participated” stipulation. Thus, however we resolve the legal questions, the effect of the stipulation is that petitioner “participated meaningfully” in the 1989 case, within the meaning of section 6015(g)(2), the controlling statute. In Vetrano v. Commissioner, 116 T.C. at 278, we described the effect of section 6015(g)(2)’s general rule as follows: The above provision prescribes the effect that a final court decision for a particular taxable year will have on a subsequent election by the taxpayer under subsection (b) or (c) of section 6015 for the same taxable year. By its terms, an individual cannot make an election under section 6015(b) or (c) for any taxable year that is the subject of a final court decision, unless the individual’s qualification for relief under section 6015(b) or (c) was not an issue in the prior court proceeding and the individual did not participate meaningfully in the prior proceeding. See sec. 6015(g)(2). Stated differently, an individual who participated meaningfully in a court proceeding is precluded from electing relief under section 6015(b) or (c) for the same taxable year after the decision of the court becomes final, whether or not the individual’s qualification for relief under section 6015(b) or (c) was an issue in the prior proceeding. See sec. 6015(g)(2).Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NextLast modified: November 10, 2007