Bea-Jaye Ware - Page 6




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          fact that her wages were garnished for prior-year joint                     
          liabilities before she signed the 1998 and 1999 returns.”  Ms.              
          Neidermeyer recommended that petitioner be denied equitable                 
          relief under section 6015(f).  On August 12, 2004, respondent               
          issued petitioner a notice of determination denying her request             
          for equitable relief under section 6015(f).                                 
               On November 15, 2004, petitioner filed her petition with               
          this Court.  Petitioner contended that respondent abused his                
          discretion in denying her equitable relief under section 6015(f).           
          This case was called for trial on March 27, 2006.                           
               On July 25, 2006, this Court issued Billings v.                        
          Commissioner, 127 T.C. 7 (2006), holding that the Court does not            
          have jurisdiction to review the Commissioner’s denial of relief             
          under section 6015(f) in a case where no deficiency has been                
          asserted.  Our holding in Billings was in accord with the Courts            
          of Appeal opinions in Bartman v. Commissioner, 446 F.3d 785 (8th            
          Cir. 2006), affg. in part and vacating T.C. Memo. 2004-93, and              
          Commissioner v. Ewing, 439 F.3d 1009 (9th Cir. 2006), revg. 118             
          T.C. 494 (2002).  On September 1, 2006, respondent filed a motion           
          to dismiss for lack of jurisdiction contending that, in light of            
          Billings v. Commissioner, supra, the Court lacked jurisdiction              
          over this case.                                                             
               In the Tax Relief and Health Care Act of 2006, Pub. L. 109-            
          432, div. C, sec. 408, 120 Stat. 3061, Congress reinstated our              







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