- 4 - collection activity respondent relies on is the offset by respondent of petitioner’s overpayment of tax for the year 1999 in the amount of $2,141, which was applied to petitioner’s 1997 taxes, the year for which petitioner is claiming relief under section 6015. The offset by respondent of a tax overpayment of another year toward payment of a tax liability for a year to which section 6015 relief is sought has been held to be a collection activity for purposes of section 6015. Campbell v. Commissioner, 121 T.C. 290, 292 (2003); Hall v. Commissioner, T.C. Memo. 2004-170. In this case, on March 22, 2001, respondent applied or offset $2,141 of an overpayment of petitioner’s 1999 tax toward payment of her unpaid 1997 tax. Petitioner’s Form 8857 for relief from joint liability was filed on October 17, 2003, which is more than 2 years from the date of the offset. That offset, as noted above, constituted a collection activity. There is nothing in the record showing that petitioner was ever advised or notified by respondent of the offset. It is fair to conclude that no notice of the offset was issued to petitioner because respondent argues in a trial memorandum that notice of the offset was not necessary under Rev. Proc. 2000-15, 2000-1 C.B. 447. This Court held to the contrary in McGee v. Commissioner, 123 T.C. 314, 317 (2004): We have not previously been faced with the Commissioner’s reliance on the 2-year limitation period when the Commissioner took an inconsistent position in failing toPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011