- 26 - 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.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011