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SUMMARY: The Tax Court held that it lacked jurisdiction over an innocent spouse claim because the taxpayer had failed to file the petition within 90-days of the date of the IRS notice denying her application for innocent relief, even though at the time of the IRS issued the denial the law did not allow the filing of such petitions in the Tax Court. The Tax Court also held that it was not bound by a district court order allowing the taxpayer to file an untimely Tax Court petition.
Comment: "You don’t want the tax law pointy heads running the world." Fred T. Goldberg, former IRS Commissioner, Wall Street Journal, December 20, 1989 A1, col.5, in opposition to a proposal to eliminate the jurisdiction of the federal districts courts over tax cases and instead place jurisdiction for all tax cases in the Tax Court. This decision is an example of why Mr. Goldberg’s comment still rings true today.
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