Connie A. Washington - Page 26

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               2.   The Statute                                                       
               Section 6015(g) governs the allowance of credits and refunds           
          in cases where a taxpayer is granted relief under section 6015.             
          That section provides:                                                      
               SEC. 6015(g). Credits and Refunds.--                                   
                    (1) In general.--Except as provided in paragraphs                 
               (2) and (3), notwithstanding any other law or rule of law              
               (other than section 6511, 6512(b), 7121, or 7122), credit              
               or refund shall be allowed or made to the extent                       
               attributable to the application of this section.                       
                    (2) Res judicata.--In the case of any election                    
               under subsection (b) or (c), if a decision of a court in               
               any prior proceeding for the same taxable year has become              
               final, such decision shall be conclusive except with                   
               respect to the qualification of the individual for relief              
               which was not an issue in such proceeding.  The exception              
               contained in the preceding sentence shall not apply if                 
               the court determines that the individual participated                  
               meaningfully in such prior proceeding.                                 
                    (3) Credit and refund not allowed under subsection                
               (c).--No credit or refund shall be allowed as a result of              
               an election under subsection (c).                                      
               The exception in section 6015(g)(2) does not apply because             
          there have been no prior proceedings related to petitioner’s 1989           
          tax year.  Nor does the exception in section 6015(g)(3) apply               
          because we have found that petitioner is entitled to relief under           
          section 6015(f), not under section 6015(c).  Thus, any refund               
          available to petitioner is (1) limited to the extent attributable           
          to the application of section 6015, and (2) subject to any                  
          limitation imposed by section 6511, 6512(b), 7121, or 7122.                 








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