Kirsten Nelson, a.k.a. Kirsten E. Hillstrom - Page 8

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          ever analyzed the facts and circumstances in denying petitioner’s           
          request for section 6015(f) relief.  Unlike the preliminary                 
          determination letter, the notice of determination gave no reason            
          for denying petitioner relief under section 6015.                           
               Under the Internal Revenue Service Restructuring and Reform            
          Act of 1998 (RRA 1998), sec. 3501(b), Pub. L. 105-206, 112 Stat.            
          770, the Commissioner must include a description of the                     
          taxpayers’ rights under section 6015 in collection-related                  
          notices.  Withholding petitioner’s refund and using it to                   
          partially offset her unpaid joint liability from 1992 was a                 
          “collection action”.  McGee v. Commissioner, 123 T.C. 314, 319              
          (2004); Campbell v. Commissioner, 121 T.C. 290, 292 (2003).                 
               In a similar case, McGee, the collection-related notice of             
          an offset did not inform the requesting spouse of her right to              
          apply for relief under section 6015.  We held it was an abuse of            
          discretion for the Commissioner to deny the requesting spouse’s             
          request for relief under section 6015(f) by applying the 2-year             
          limitation period in Rev. Proc. 2000-15, sec. 5, 2000-1 C.B. 447,           
          499.  McGee v. Commissioner, supra at 319-320.                              
               Respondent notified petitioner that her refunds were being             
          applied as offsets for her 1992 joint liability.  There is no               
          evidence that respondent informed petitioner of her potential               
          right to relief under section 6015 until she was informed of her            
          right to file a request for relief by Mr. Fish on April 13, 2001.           






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