Lisa H. Green - Page 8




                                        - 8 -                                         
          II. Equitable Jurisdiction                                                  
               Petitioner argues that the Court should retain jurisdiction            
          to determine whether petitioner was a signatory to the joint                
          returns for 1995, 1996, 1997, and 1998.  Petitioner asserts that            
          because she signed the joint returns under duress and coercion,             
          she did not have the requisite intent to file a joint return.  In           
          effect, petitioner is asking this Court to exercise jurisdiction            
          over petitioner’s claims under general equitable principles.                
               Petitioner has cited no statute or case that supports her              
          argument that we can or should exercise jurisdiction independent            
          of any conferred by section 6015(e).  The only cases that she               
          cites in support of her argument that we have equitable                     
          jurisdiction to decide whether she signed her 1995-98 joint                 
          returns under duress are deficiency cases in which the                      
          Commissioner issued notices of deficiency and the taxpayers                 
          timely petitioned this Court.  See Stanley v. Commissioner, 81              
          T.C. 634 (1983); Brown v. Commissioner, 51 T.C. 116 (1968).                 
               Petitioner never received a notice of deficiency for 1995-             
          98.  Consequently, we do not have jurisdiction to redetermine a             
          deficiency under section 6213(a).  In addition, for reasons                 
          described earlier in this opinion, we do not have jurisdiction              
          over petitioner’s section 6015(f) claims for 1995-98 under                  
          section 6015(e) as amended.  Petitioner has not asserted any                
          basis for us to exercise jurisdiction over her claims.                      







Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: March 27, 2008