Legal Opinion

Fain v. Comm'r

United States Tax Court

Decided October 2, 2007No. 214-07PublishedCited by 2 opinions

P sought review of respondent's denial of innocent-spouse relief under section 6015, triggering respondent's obligation to notify her husband of his right to intervene. Her husband died before receiving the notice. Respondent moved for a continuance to allow notification of any heirs or personal representatives of his estate.

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P sought review of respondent's denial of innocent-spouse relief under section 6015, triggering respondent's obligation to notify her husband of his right to intervene. Her husband died before receiving the notice. Respondent moved for a continuance to allow notification of any heirs or personal representatives of his estate. Held: A nonrequesting spouse's right to intervene survives death, and respondent is obliged to try appropriate means to notify any heirs, executors, or administrators.

1Opinion of the Court

OPINION

Holmes, Judge:

Suzanne Vance Fain filed this case when the Commissioner refused to grant her innocent spouse relief from her unpaid tax liability for 1999. Her case was already on a trial calendar when the Commissioner’s counsel realized that the IRS had not notified her husband of his right to intervene. That turned out to be impossible — he was dead.

We are called to plug a small but noticeable gap in the tax law — is a nonrequesting spouse’s right to intervene extinguished by death, or does it instead pass to a successor-in-interest?

Background

According to the pleadings already filed…

2Cases cited7 opinions

  1. Jonson v. Comm'rUnited States Tax Court · 2002
  2. Jonson v. CommissionerCourt of Appeals for the Tenth Circuit · 2003
  3. King v. CommissionerUnited States Tax Court · 2000
  4. Nordstrom v. CommissionerUnited States Tax Court · 1968
  5. Van Arsdalen v. Comm'rUnited States Tax Court · 2004

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Fain v. Comm'rUnited States Tax Court · 2007
  2. Suzanne Vance Fain, a.k.a. Suzanne Fain-Poisson v. CommissionerUnited States Tax Court · 2007

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