Theresa E. Bartman, f.k.a. Theresa Albrecht - Page 4

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          expiration of the period of limitations prescribed by section               
          6511(a).                                                                    
               We do not have jurisdiction over 1997 because respondent               
          made no determination relating to that year.  Sec. 6015(e)(1);              
          Block v. Commissioner, 120 T.C. 62, 65 (2003).  Nevertheless, we            
          must determine the effect of respondent crediting, pursuant to              
          section 6402(a), petitioner’s 1997 overpayment against a portion            
          of her 1995 tax liability.  As a result of this credit and                  
          respondent’s determination that petitioner was entitled to                  
          section 6015(f) relief, petitioner overpaid her 1995 tax                    
          liability.  Sec. 6015(g)(1); Washington v. Commissioner, 120 T.C.           
          137, 160 (2003) (stating that a taxpayer granted, pursuant to               
          section 6015(f), relief from joint and several liability is,                
          subject to the limitations set forth in section 6511, entitled to           
          a refund of an overpayment).  Thus, the issue is whether                    
          petitioner is entitled to a refund of that overpayment.                     
               Petitioner’s request for relief from joint and several                 
          liability, filed February 2, 2001, is her earliest refund claim             
          relating to her 1995 overpayment.2  Washington v. Commissioner,             
          supra at 162 (stating that a taxpayer’s request for relief from             


               2  Petitioner’s 1997 return, filed prior to the July 22,               
          1998, enactment of sec. 6015, is not a refund claim relating to             
          1995 because it could not have adequately apprised respondent of            
          the basis of petitioner’s 1995 refund claim.  Washington v.                 
          Commissioner, 120 T.C. 137, 160-161 (2003).                                 






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