Magdalena Pacheco - Page 11




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                   in such proceeding.  The exception contained                       
                   in the preceding sentence shall not apply if                       
                   the court determines that the individual                           
                   participated meaningfully in such prior                            
                   proceeding.                                                        
         Therefore, a requesting spouse 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 requesting spouse’s                     
         qualification for relief under section 6015(b) or (c) was not an             
         issue in the prior court proceeding and the requesting spouse did            
         not participate meaningfully in the prior proceeding.  Vetrano v.            
         Commissioner, 116 T.C. 272, 278 (2001).                                      
              Section 1.6015-1(e), Income Tax Regs., imposes an additional            
         requirement for the application of section 6015(g)(2).  The                  
         requesting spouse must show that she could not have raised relief            
         under section 6015 in the prior proceeding.  Id.  Section 1.6015-            
         1(e), Income Tax Regs., provides:                                            
              (e) Res judicata and collateral estoppel.--A requesting                 
              spouse is barred from relief from joint and several                     
              liability under section 6015 by res judicata for any                    
              tax year for which a court of competent jurisdiction                    
              has rendered a final decision on the requesting                         
              spouse’s tax liability if relief under section 6015 was                 
              at issue in the prior proceeding, or if the requesting                  
              spouse meaningfully participated in that proceeding and                 
              could have raised relief under section 6015.  * * *                     
         Taxable years 1995 and 1996 are the subject of a final court                 
         decision, and respondent agrees that petitioner’s qualification              
         for relief was not raised as an issue in the prior proceeding.               
         The parties dispute whether petitioner could have raised relief              







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