- 6 - Section 6015(g) governs the allowance of credits and refunds in cases where a taxpayer is granted relief pursuant to section 6015. Section 6015(g)(1) provides: “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.” Accordingly, we shall proceed to determine the proper amount owed by, or to, petitioner pursuant to section 6015(g). See Washington v. Commissioner, 120 T.C. 137 (2003); see also Bartman v. Commissioner, T.C. Memo. 2004-93 (determining the effect of the Commissioner’s crediting, pursuant to section 6402(a), the taxpayer’s overpayment for 1997 to the liability for 1995 when the Commissioner determined the taxpayer was entitled to relief pursuant to section 6015(f) for 1995). Section 6511 requires that a claim for refund or credit of an overpayment of any tax in respect of which the taxpayer is required to file a return must be filed within 3 years from the time the return was filed or 2 years from the time the tax was paid, whichever of the periods expires later. Washington v. Commissioner, supra at 160. On March 14, 2001, petitioner filed her request for section 6015 relief. This request encompasses a refund request. Id. at 162; see Bartman v. Commissioner, supra. Respondent made his earliest refund offset to petitioner’s 1992Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011