John F. Heyse - Page 6




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          liability are deemed to be payments at the time the credit is               
          made.  Secs. 6402(a); 7422(d); Culpepper-Smith v. United States,            
          82 AFTR 2d 98-6212, 98-2 USTC par. 50,721 (E.D. Pa. 1998).                  
          Accordingly, payment of petitioner’s 1993 tax liability was made            
          on February 23, 1998, and April 12, 1999.  Section 6015 applies             
          to tax liabilities arising after or remaining unpaid on July 22,            
          1998.  Internal Revenue Service Restructuring and Reform Act of             
          1998, Pub. L. 105-206, sec. 3201(g)(1), 112 Stat. 685, 740.  In             
          this case, section 6015 applies only to that portion of                     
          petitioner’s tax liability which remained unpaid after respondent           
          applied the first credit on February 23, 1998.  Because the sole            
          basis for our jurisdiction in this case is section 6015(e), we              
          lack authority to grant relief with respect to the portion of the           
          1993 tax liability which was paid on February 23, 1998.  Brown v.           
          Commissioner, T.C. Memo. 2002-187.                                          
               It is clear that the deficiency determined by respondent for           
          taxable year 1993 has been paid in full, and that the basis of              
          the relief respondent granted to petitioner was section 6015(c).            
          Consequently, section 6015(g)(3) bars any refund to petitioner as           
          a result of respondent’s determination that petitioner was                  
          entitled to relief.  Respondent’s determination letter does not             
          address petitioner’s alternative requests for relief under                  
          section 6015(b) and (f), for which a refund would not be barred.            
          Nor was this issue addressed by petitioner in the petition or at            






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