- 5 - from other tax years after the requesting spouse files for relief”). Because petitioner reported overpayments of tax on her 1998 return, she generally would be entitled to claim a refund. See sec. 6511(a), (b)(1); Commissioner v. Lundy, 516 U.S. 235, 240 (1996). Pursuant to section 6402(a), however, respondent used petitioner’s overpayment to partially satisfy her 1989 tax liability. Thus, respondent engaged, pursuant to section 6015, in a collection activity against petitioner. Because petitioner’s election was filed more than 2 years after that collection activity (i.e., respondent applied the overpayment and sent petitioner written notification thereof on May 13, 1999, and on July 23, 2001, petitioner elected relief), there is no genuine issue as to whether petitioner is entitled to relief from joint and several liability relating to 1989. See Rule 121(b); Natl. Indus., Inc. v. Republic Natl. Life Ins. Co., 677 F.2d 1258, 1265 (9th Cir. 1982). Thus, Petitioner’s Motion for Partial Summary Judgment is denied, and Respondent’s Cross-Motion for Summary Judgment is granted. Contentions we have not addressed are irrelevant, moot, or meritless.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011