- 4 - deficiency. Accordingly, on May 6, 2002, respondent assessed the determined deficiency. On September 24, 2002, petitioner requested a collection due process hearing; however, his request was denied as untimely. Petitioner did subsequently receive an equivalent hearing. Petitioner filed a Form 8857, Request for Innocent Spouse Relief, on April 30, 2004. On November 16, 2004, the Internal Revenue Service’s Examination Division denied petitioner’s claim for relief under section 6015(b), (c), and (f). Although petitioner appealed to respondent’s Office of Appeals, a notice of determination was sent to petitioner on February 14, 2005. The notice denied petitioner relief from joint liability for the taxable year 1999. Intervenor filed a Form 8857 on July 28, 2002. That request was subsequently denied. On November 26, 2003, a notice of determination was sent to intervenor. Intervenor did not take any action with respect to that notice. Respondent, pursuant to Rule 325 and King v. Commissioner, 115 T.C. 118 (2000), served notice of this proceeding on intervenor. Intervenor filed a notice of intervention on August 30, 2005. She was not present at trial, but was represented by counsel. Intervenor filed a motion to dismiss at trial. In her motion, intervenor contends that petitioner’s claim for innocent spouse relief should be dismissed because she never signed thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011