Donna G. Faircloth, f.k.a. Donna G. Murray - Page 9

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          section 6015 prior to filing her delinquent returns.5  The law is           
          well settled that the Commissioner is not estopped and is not               
          bound by erroneous acts, representations, or omissions of his               
          agents.  Authoritative tax law is contained in statutes,                    
          regulations, and judicial decisions.  Zimmerman v. Commissioner,            
          71 T.C. 367, 371 (1978), affd. without published opinion 614 F.2d           
          1294 (2d Cir. 1979); Green v. Commissioner, 59 T.C. 456, 458                
          (1972).  Any representation, advice, or omission of advice made             
          to petitioner by an agent or representative of the IRS does not             
          entitle petitioner to a credit or refund of taxes paid on the               
          assessment if the relief was granted under section 6015(c).                 
          Section 6015(g)(3) clearly provides that relief granted under               
          section 6015(c) does not allow the taxpayer a refund or credit              
          for payments made on the deficiency.  Respondent, therefore, is             
          sustained on this issue.                                                    
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   


          Decision will be entered                                                    
                         for respondent.                                              

               5Respondent does not disagree that filing an application for           
          relief from joint liability and consideration of that request are           
          not conditioned on the filing of returns for subsequent years.              
          Had petitioner requested and been granted relief from joint                 
          liability for the 1995 and 1996 taxes before she filed delinquent           
          returns for 1998 through 2001, the overpayments reflected on the            
          delinquent returns could have been refunded to her rather than              
          applied to the 1995 and 1996 liabilities.                                   




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