Finally, the rules governing the prohibition on collection and suspension of the collection statute are revised to reflect the amendments to the law permitting the Tax Court to review innocent spouse cases where the IRS has not determined a deficiency and suspending the limitation period when equitable relief
is requested under Sec.
However, Tax Court cases suggest that penalty abatement for reasonable cause in such circumstances may be much more difficult to obtain than innocent spouse equitable relief
Furthermore, the IRS will make streamlined determinations granting equitable relief
in cases where the requesting spouse is no longer married to the nonrequesting spouse, would suffer economic hardship if relief were not granted, and did not know or had no reason to know about the understatement or deficiency on the joint tax return.
Spiewacki turned to the common law doctrine of estoppel to seek equitable relief
in his case-simply put, that the benefit Ford allegedly promised him had induced him to retire; after he had done so, Ford lowered the numbers.
Due to the historical division between courts of law and courts of equity, common law judges originally lacked the authority to grant any equitable relief
ERISA only authorized equitable relief
such as injunctions, mandamus and restitution, and the appeals court said that the relief Kenseth seemed to be seeking was beyond the statute's scope.
The basis for the claim for equitable relief
in regard to unconscionable conduct was founded in the appellant's gambling addiction, which he alleged was a 'special disability' of which the respondent was aware and of which the respondent took advantage by offering him inducements to gamble at its casino.
Lopa, the Second Department held that the equitable relief
doctrine does not prevent a plaintiff in a foreclosure complaint from also requesting a deficiency judgment.
A) to enjoin any act or practice which violates any provision of this subchapter or the terms of the plan, or (B) to obtain other appropriate equitable relief
(i) to redress such violations or (ii) to enforce any provisions of this subchapter or the terms of the plan.
A taxpayer whose equitable relief
request was previously denied solely due to the two-year limit may reapply using IRS Form 8857, Request for innocent Spouse Relief, if the collection statute of limitations for the tax years involved has not expired.
The Supreme Court now has made it clear that plan participants must show that an employer committed fraud in an SPD, or that an error caused harm, before they can ask a court to impose forms of equitable relief
such as equitable estoppel, plan reformation, or surcharge, Rumeld says.
It is the height of legal paradox for a court to inform a litigant that he is estopped from asserting a legal claim for punitive damages because he cannot split his cause of action when in the prior proceeding for equitable relief
he was not permitted to raise that very issue.