- 5 - 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 atPage: Previous 1 2 3 4 5 6 7 8 Next
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