- 10 - 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 reliefPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 NextLast modified: November 10, 2007