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Section 6015(g)(3) provides that no credit or refund shall be
allowed in respect of a claim for relief under section 6015(c)--
the provision on which petitioner relies.
When section 6230(a)(3) and (c)(5) was originally enacted in
1997, both provisions contained express references to section
6013(e). One year later, however, Congress added new section
6015 to the Internal Revenue Code and made conforming amendments
striking section 6013(e) and replacing the reference to section
6013(e) appearing in section 6230(c)(5)(A) with a reference to
section 6015. See IRS Restructuring and Reform Act of 1998, Pub.
L. 105-206, sec. 3201(a), (e)(1) and (2), 112 Stat. 740. By all
appearances, Congress simply overlooked the reference to section
6013(e) contained in section 6230(a)(3)(A) and failed to make a
conforming amendment to that section. In any event, both
provisions reflect congressional intent that the spouse of a
partner may initiate a claim for relief from joint and several
liability attributable to an adjustment of a partnership item
only after the Commissioner issues to the spouse a notice of
computational adjustment following the completion of a
partnership-level proceeding.
With the foregoing as background, we return to the parties’
contentions.
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