- 27 - a. Refund to the Extent Attributable to the Application of Section 6015 In general, section 6015(g)(1) allows a credit or refund “to the extent attributable to the application of this section.” Section 6015 applies “to any liability for tax arising after the date of the enactment of this Act [July 22, 1998] and any liability for tax arising on or before such date but remaining unpaid as of such date.” RRA 1998, sec. 3201(g), 112 Stat. 740.9 Respondent interprets the term “remaining unpaid” so as to limit the benefits of section 6015 in this case to the portion of the 1989 tax liability that remained uncollected as of July 22, 1998, the date of enactment of section 6015. We disagree with respondent’s interpretation. While the issue involved herein is one of first impression in this Court, we are mindful that it has been addressed by the United States Court of Federal Claims in Flores v. United States, 51 Fed. Cl. 49 (2001). In Flores, the court granted relief under section 6015(f) with respect to the taxpayer’s entire tax liability, including the portion of the tax liability that was paid on or before July 22, 1998. 9 On July 17, 2002, respondent adopted regulations under sec. 6015 that support respondent’s position. See sec. 1.6015-8, Income Tax Regs. The regulations, however, are applicable for all elections or requests for relief filed on or after July 18, 2002. Sec. 1.6015-9, Income Tax Regs. Thus, the regulations do not apply to petitioner’s request for relief, which was filed before that date.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011