Gilda A. Petrane - Page 11




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          case-by-case basis by reference to the petition.  Therefore, we             
          hold that the date of filing a petition under section 6015(e) is            
          the date on which the amount of relief sought should be                     
          calculated for purposes of deciding whether a section 6015(e)               
          stand-alone case may proceed under the small tax case procedures            
          of section 7463(f)(1).8                                                     
               Petitioner seeks relief from the entire unpaid joint                   
          liability for tax, interest, and penalties for the years 1996               
          through 2000 and 2002.  In her petition, petitioner claims that             
          “All of the tax liability is attributed to the petitioner [sic]             
          spouse’s business.”  Respondent alleges in his motion that the              
          amount of relief petitioner is seeking totaled $61,842.23 on the            
          date the petition was filed.  Petitioner does not dispute                   
          respondent’s figures, and we accept them for purposes of this               
          Opinion.  The total amount of relief sought on the date of filing           
          the petition exceeds the $50,000 limit provided in section                  
          7463(f)(1).  We will therefore grant respondent’s motion to                 







               8 We express no opinion on whether a taxpayer, in an amended           
          petition, might reduce his or her claim for relief and thereby              
          qualify to proceed under the small tax case procedures of sec.              
          7463(f)(1).  See Kallich v. Commissioner, 89 T.C. 676 (1987).  We           
          also express no opinion on the effect of an amended petition in             
          which the amount of relief sought is increased above $50,000.               






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