Theresa E. Bartman, f.k.a. Theresa Albrecht - Page 3

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          portion of her 1995 tax liability should be refunded to                     
          petitioner “based upon her meritorious claim for Innocent Spouse            
          Relief.”                                                                    
               By Final Notice of Determination dated January 29, 2002,               
          respondent determined that petitioner was not entitled to relief            
          from joint and several liability relating to 1994, 1995, or 1996.           
          In response, on May 6, 2002, petitioner, while residing in                  
          Wildwood, Missouri, filed a petition pursuant to section                    
          6015(e)(1) seeking review of respondent’s determination.  On                
          April 15, 2003, respondent determined that petitioner was                   
          entitled to relief from joint and several liability, pursuant to            
          section 6015(b), relating to 1994 and, pursuant to section                  
          6015(f), relating to 1995 and 1996.                                         
                                       OPINION                                        
               Petitioner contends, in essence, that the overpayment in               
          issue relates to 1997 and, therefore, pursuant to section                   
          6511(a), her refund claims were timely.  Respondent contends that           
          because respondent made no determination relating to 1997, the              
          Court has no jurisdiction over that year.  Respondent further               
          contends that the overpayment in issue relates to 1995, and,                
          therefore, petitioner is not entitled to a refund of her                    
          overpayment because her refund claims were made after the                   









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