Lois E. Ordlock - Page 65

                                        - 65 -                                        
          regarding how we determine whether a refund or credit is                    
          warranted.  However, upon further thought, I believe that the               
          requirement in section 6015(a) to make determinations under                 
          section 6015 without regard to community property law gives us              
          enough guidance to enable us to make the determination required             
          by section 6015(g).                                                         
               Section 6015(g)(1) provides that “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.”  Section 6511 contains limitations            
          on credit or refund including a time limit for filing a claim,              
          sec. 6511(a), and a limitation on the allowance of credits and              
          refunds, sec. 6511(b)(1) and (2).  Section 6512(b) contains                 
          provisions outlining our overpayment jurisdiction in deficiency             
          cases, including a limitation on the amount of the credit or                
          refund.  Sec. 6512(b)(3).  Section 7121 (closing agreements) and            
          section 7122 (compromises) authorize the Service to enter into              
          agreements to resolve a taxpayer’s tax liability.  I interpret              
          section 6015(g) to mean that we must take the provisions of                 
          sections 6511, 6512(b), 7121, and 7122 into account in making our           
          determination regarding a refund or credit, but not any other law           
          or rule of law that might operate to restrict the taxpayer’s                







Page:  Previous  49  50  51  52  53  54  55  56  57  58  59  60  61  62  63  64  65  66  67  68  Next

Last modified: May 25, 2011