- 12 - 2001 after petitioner applied for relief from joint and several liability. Section 6015(e)(1)(B) states that respondent may not levy on a requesting spouse’s property until the close of the 90-day period after respondent makes a final determination respecting that spouse’s election for relief from joint and several liability under section 6015(b) or (c), and, if a petition is filed with the Tax Court during that period, the restriction upon such a levy continues until the Court’s decision becomes final. A levy must be distinguished from an offset of an overpayment or refundable credit, such as the earned income credit of section 32. See, e.g., Belloff v. Commissioner, 996 F.2d 607, 615-616 (2d Cir. 1993) (comparing discussion of “levy” in United States v. Natl. Bank of Commerce, 472 U.S. 713, 720 (1985), with “setoff” in United States v. Munsey Trust Co., 332 U.S. 234, 239 (1947)), affg. T.C. Memo. 1991-350. Section 6402(a) grants the Commissioner the ability to credit an overpayment to offset any taxpayer liability. An overpayment includes the amount of a refundable credit that exceeds any tax owed. See sec. 6401(b)(1); Savage v. Commissioner, 112 T.C. 46, 48 (1999). The Commissioner properly may engage in nonlevy collection actions, such as offsetting overpayments from other tax years after the requesting spouse files for relief. See, e.g., Fulgoni v. United States, 23 Cl. Ct. 119, 126 (1991) (toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011