COMMISSIONER OF INTERNAL REVENUE v. EWING

Nos. 04-73237, 04-73699.

439 F.3d 1009 (2006)

COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellant, v. Gwendolyn A. EWING, Petitioner-Appellee. Gwendolyn A. Ewing, Petitioner-Appellant, v. Commissioner of Internal Revenue, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 28, 2006.


Attorney(s) appearing for the Case

Teresa E. McLaughlin, Department of Justice, Tax Division, Washington, D.C., for the respondent-appellant and the cross-appellee.

Karen L. Hawkins, Taggart & Hawkins, Oakland, California, for the petitioner-appellee and the cross-appellant.

Before JEROME FARRIS, A. WALLACE TASHIMA, and CONSUELO M. CALLAHAN, Circuit Judges.


TASHIMA, Circuit Judge.

The Commissioner of Internal Revenue challenges a decision of the United States Tax Court, concluding that Gwendolyn Ewing was entitled to relief under the so-called equitable innocent spouse provision of the Internal Revenue Code ("I.R.C."), 26 U.S.C. § 6015(f).1 The Commissioner further contends that the Tax Court did not have jurisdiction to review Ewing's petition under I.R.C. § 6015(e).

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