Bruce L. Brosi - Page 12




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          Petitioner does not articulate any physical or mental impairment            
          from which he suffered during any period at issue here.  Instead,           
          petitioner contends that his care-giving responsibilities                   
          provided to another while simultaneously earning a living somehow           
          afford him the extraordinary benefits of section 6511(h).  We               
          disagree.  While we sympathize with petitioner regarding his                
          mother’s condition and the demands of his employment, those are             
          the types of problems confronted by many taxpayers and are not              
          the conditions contemplated in section 6511(h).  Viewing the                
          record in the light most favorable to petitioner, he cannot                 
          sustain his claim to the benefits articulated in section 6511(h).           
               As the period of limitations articulated in section 6511 is            
          not suspended by virtue of section 6511(h), we therefore lack               
          jurisdiction to award petitioner a refund or credit.  See secs.             
          6511 and 6512; Commissioner v. Lundy, 512 U.S. at 252; United               
          States v. Brockamp, 519 U.S. 347 (1997).  Accordingly, we grant             
          respondent’s motion for summary judgment.                                   


                                             An appropriate order and                 
                                        decision will be entered.                     













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