Marianne Hopkins - Page 20

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               We recognize that courts have strictly enforced closing                
          agreements executed pursuant to section 7121 (and section 6224(c)           
          for that matter), and they are binding and conclusive on the                
          parties even if the tax at issue is later declared to be                    
          unconstitutional or in conflict with other Code sections.  See              
          Hopkins v. United States (In re Hopkins), 146 F.3d at 733.                  
          However, in this case, we are dealing with legislation which has            
          retroactive effect in the case of unpaid tax liabilities and                
          which we have broadly and expansively construed consistent with             
          congressional intent.  Indeed, we have previously stated that the           
          rules of section 6015 were designed to correct perceived                    
          deficiencies and inequities apparent in former section 6013(e)              
          and that this curative legislation should be construed liberally            
          to effectuate its remedial purpose.  Washington v. Commissioner,            
          120 T.C. 137, 155-156 (2003); Ewing v. Commissioner, 118 T.C. at            
          503; see also Flores v. United States, 51 Fed. Cl. 49, 53 (2001).           
          Construing section 6015 liberally, we conclude that Congress did            


               16(...continued)                                                       
          spouse has entered into a closing agreement with the Commissioner           
          that disposes of the same liability that is the subject of the              
          claim for relief.  Sec. 1.6015-1(c)(1), Income Tax Regs.  The               
          final regulations do not specifically address the effect of a               
          closing agreement entered into before the effective date of sec.            
          6015, and all the examples in the regulations deal with closing             
          agreements entered into after 1998.  The final regulations are              
          applicable to all elections or requests for relief filed on or              
          after July 18, 2002.  See sec. 1.6015-9, Income Tax Regs.  Thus,            
          the final regulations are not effective with respect to                     
          petitioner’s request for relief.                                            




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