- 4 - Discussion An election pursuant to section 6015(b), (c), or (f) must be made within 2 years of respondent’s first collection activity taken after July 22, 1998, against the individual making the election.2 Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3201(g)(2), 112 Stat. 740; sec. 6015(b)(1)(E), (c)(3)(B); Rev. Proc. 2000-15, sec. 5, 2000-1 C.B. 447, 449. Petitioner contends that respondent’s offset of her overpayment is not, pursuant to section 6015, a collection activity. We disagree. The offset of an overpayment is by its plain and ordinary meaning a collection activity pursuant to section 6015. See Perrin v. United States, 444 U.S. 37, 42 (1979) (stating that “A fundamental canon of statutory construction is that, unless otherwise defined, words will be interpreted as taking their ordinary, contemporary, common meaning”); Trent v. Commissioner, T.C. Memo. 2002-285 (stating that nonlevy collection actions include “offsetting overpayments 2 On July 18, 2002, the Commissioner published final regulations, pursuant to section 6015, that define a collection activity to include “an offset of an overpayment of the requesting spouse against a liability under section 6402”. Sec. 1.6015-5(b)(2)(i), Income Tax Regs. These regulations are applicable to all requests for relief from joint and several liability filed on or after July 18, 2002, and, thus, not applicable to petitioner's request, which was filed before that date. Sec. 1.6015-9, Income Tax Regs.Page: Previous 1 2 3 4 5 6 Next
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