Diane C. Lincir - Page 13




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          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          6015(e)(1)(A)), and repealed former section 6013(e).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.                                                      







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