Connie A. Washington - Page 2

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                    Held, further, P is entitled to a refund of her                   
               wages garnished in June 1998 and the overpayment of tax                
               for 1996-98, which were applied to the unpaid 1989 tax                 
               liability.  Sec. 6015, I.R.C., applies to the full amount              
               of any preexisting tax liability for a particular taxable              
               year, if any of that liability remains unpaid as of the                
               date of enactment, and not just to portions of tax                     
               liability that remain unpaid after July 22, 1998, the                  
               date of enactment of Internal Revenue Service                          
               Restructuring and Reform Act of 1998, Pub. L. 105-206,                 
               sec. 3201(g)(1), 112 Stat. 740.  Flores v. United States,              
               51 Fed. Cl. 49 (2001), followed.                                       
                    Held, further, pursuant to sec. 6015(g)(1), I.R.C.,               
               P’s refund is limited to the time restraints for filing                
               refund claims under sec. 6511, I.R.C.                                  


               Connie A. Washington, pro se.                                          
               James R. Rich, for respondent.                                         


               JACOBS, Judge:  Respondent determined that petitioner is not           
          entitled to relief from joint liability for tax under section               
          6015(f) for 1989 with respect to a joint return filed with Kenneth          
          Washington.1  Petitioner filed a petition under section 6015(e)(1)          
          seeking review of respondent’s determination.                               
               The issues for decision are (1) whether respondent’s denial of         
          petitioner’s request for relief pursuant to section 6015(f) was an          
          abuse of discretion, and, if so, (2) whether petitioner is entitled         
          to a refund of all amounts paid/applied toward the tax shown as             
          owed on the 1989 joint return.                                              


               1    Unless otherwise indicated, all section references are to         
          the Internal Revenue Code in effect at all relevant times.                  




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