T.C. Memo. 2003-191 UNITED STATES TAX COURT NITA B. LEISSNER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 6908-00. Filed July 1, 2003. P and her ex-husband filed joint Federal income tax returns for 1986 and 1987 showing tax owed; they did not pay the taxes with the returns. Before July 22, 1998, R collected by levy an amount from P’s individual retirement account and applied the amount so collected to the unpaid 1986 and 1987 tax liabilities. P requested relief under sec. 6015(f), I.R.C. R denied P’s request for relief. P filed a petition in this Court seeking review of R’s determination and requesting a refund of the amount collected from her individual retirement account. R contends that sec. 6015(f), I.R.C., does not apply to the portion of the tax liability that was paid on or before July 22, 1998. Held: Since a portion of P’s 1986 and 1987 tax liabilities remained unpaid as of July 22, 1998, P is entitled to a refund of the amount levied from her individual retirement account that was applied to her 1986 and 1987 tax liabilities. Washington v. Commissioner, 120 T.C. 137 (2003), followed.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011