- 7 - tax year on April 15, 1999. Accordingly, petitioner’s claim was timely. At trial, respondent explained that he had granted petitioner section 6015(f) relief for the portion of the 1992 tax liability that was not attributable to her (54.5 percent) and that petitioner remained liable for the portion of the 1992 tax liability that was attributable to her (45.5 percent). Petitioner does not dispute this determination or argue for a different allocation. Petitioner’s 1992 nonmaster file transcript appears to reflect this determination by allocating 45.5 percent of the tax and addition to tax for 1992 to petitioner. In the notice of determination, however, respondent appears to have granted relief only on the portion of the 1992 liability that remained outstanding around the date of the determination ($5,386) as listed in the Form 2866.7 This was inappropriate. See Washington v. Commissioner, supra. Petitioner’s claim essentially is that respondent’s calculation in the notice of determination is incorrect, she does not owe $1,801, and she may be due a refund. Petitioner conceded at trial that she was liable for the portion of the 1992 tax liability that was attributable to her (45.5 percent). We cannot 7 Furthermore, the amount of relief granted was not 54.5 percent of the then-outstanding balance.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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