Jacquelyn Brown - Page 4




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          (2000).  Petitioner is not entitled to relief for 1988 under                
          section 6015 because the Browns’ 1988 tax liability was paid in             
          full on May 18, 1998, which is before July 22, 1998.  Miller v.             
          Commissioner, 115 T.C. 582, 587 (2000), affd. 21 Fed. Appx. 160             
          (4th Cir. 2001); Mlay v. IRS, 168 F. Supp. 2d 781, 785 (S.D. Ohio           
          2001).                                                                      
               Congress expanded the relief available to joint filers by              
          repealing section 6013(e) in 1998 and enacting section 6015.  RRA           
          sec. 3201(a), (e)(1), 112 Stat. 734, 740.  Section 6015 applies             
          to any liability for tax arising on or before July 22, 1998, but            
          remaining unpaid as of that date.  RRA sec. 3201(g)(1), 112 Stat            
          740.  However, petitioner’s tax was paid in full before the                 
          effective date of section 6015.  Thus, her claim is governed by             
          section 6013(e).1                                                           
               We are aware of no provision in the Internal Revenue Code              
          which allows us to grant relief under section 6013(e) to a                  
          taxpayer, such as petitioner in this case, who filed a “stand-              





               1  The four requirements for relief under sec. 6013(e) are:            
          (1) A joint return was filed for the year at issue; (2) the                 
          return contained a substantial understatement of tax attributable           
          to grossly erroneous items of the other spouse; (3) the spouse              
          seeking relief establishes that, in signing the return, he or she           
          did not know, and had no reason to know, of the substantial                 
          understatement; and (4) it would be inequitable to hold the                 
          spouse seeking relief liable for the substantial understatement.            
          Sec. 6013(e)(1).                                                            





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