Diane C. Lincir - Page 20




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          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).                                                            








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