Diane C. Lincir - Page 14




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                    (C) Limitation on Tax Court jurisdiction.–-If a                   
               suit for refund is begun by either individual filing                   
               the joint return pursuant to section 6532--                            
                         (i) the Tax Court shall lose                                 
                    jurisdiction of the individual’s action under                     
                    this section to whatever extent jurisdiction                      
                    is acquired by the district court or the                          
                    United States Court of Federal Claims over                        
                    the taxable years that are the subject of the                     
                    suit for refund; and                                              
                         (ii) the court acquiring jurisdiction                        
                    shall have jurisdiction over the petition                         
                    filed under this subsection.                                      
               The 2000 Act struck out subparagraphs (A) and (B) of                   
          original section 6015(e)(3) and enacted new section 6015(g) as              
          follows:                                                                    
               (g) Credits and Refunds.–-                                             
                    (1) In general.–-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.                       
                    (2) Res judicata.–-In the case of any election                    
               under subsection (b) or (c), if a decision of a 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 court determines that the individual                      
               participated meaningfully in such prior proceeding.                    
                    (3) Credit and refund not allowed under subsection                
               (c).–-No credit or refund shall be allowed as a result                 
               of an election under subsection (c).                                   










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