- 13 - reopening the “claim of liability or non-liability relating to a particular tax year”, in the instant case, 1978 through 1982. Commissioner v. Sunnen, 333 U.S. at 598; Vetrano v. Commissioner, 116 T.C. 272, 280 (2001). In particular, for these purposes it would not matter that the innocent spouse claim in the 1989 case was resolved by the parties’ stipulation rather than by the Court’s holding on the merits. The 1998 Act revised the innocent spouse rules to provide avenues for relief that were not available under the former statute, provided for elections to claim certain kinds of relief, gave jurisdiction to this Court “to determine the appropriate relief available to the individual under this section” (sec. 6015(e)(1)(A)), and repealed former section 6013(e). Newly enacted section 6015(e)(3) provided as follows: (3) Applicable rules.-- (A) Allowance of credit or refund.-–Except as provided in subparagraph (B), notwithstanding any other law or rule of law (other than section 6512(b), 7121, or 7122), credit or refund shall be allowed or made to the extent attributable to the application of this section. (B) Res judicata.–-In the case of any election under subsection (b) or (c), if a decision of the Tax Court in any prior proceeding for the same taxable year has become final, such decision shall be conclusive except with respect to the qualification of the individual for relief which was not an issue in such proceeding. The exception contained in the preceding sentence shall not apply if the Tax Court determines that the individual participated meaningfully in such prior proceeding.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NextLast modified: November 10, 2007