Judith E. Schmick - Page 4




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               A taxpayer seeking relief from joint liability is                      
               seeking relief from amounts that have accrued with                     
               regard to the liability for which relief is sought,                    
               regardless of whether the ministerial act of assessment                
               on those amounts has occurred.  Thus, for purposes of                  
               section 7463(f)(1), it is appropriate to include                       
               unassessed interest and penalties that have accrued on                 
               amounts for which the taxpayer seeks relief when                       
               determining whether the amount of relief sought exceeds                
               $50,000.                                                               
                                                                                     
          Id. at __ (slip op. at 6-8).                                                
               The record in this case shows that on the day petitioner               
          filed her petition, the amount of relief sought, including                  
          interest and penalties, exceeded $50,000.  Accordingly, we will             
          deny petitioner’s Motion to Change Case to a “Small Tax Case”.              
          The proceedings in this case will continue pursuant to the                  
          Court’s regular case procedures.                                            
               To reflect the foregoing,                                              
                                                  An appropriate order will           
                                             be issued.                               





















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