§4002

For the same reasons as fully discussed in Butler, we hold that the legislative history of section 6015 makes clear that Congress did not intend to limit our review of section 6015.

sec. 6015(e)(3)(A) to clarify that "credit or refund shall be allowed or made to the extent attributable to the application ofsubsection (b) or (f)." See Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, Pub. L. No. 105-277, sec. 4002(c)(2), 112 Stat. 2681. Through the correction, Congress intentionally denied taxpayers any refund under sec. 6015(c). A House report on the legislative change elaborated that an election under sec. 6015(c) "is limited to deficiency situatio

16(...COntinued) 10 percent tax that was imposed by section 4002 on sales ofnew yachts would work to his advantage by increasing the prices ofnew yachts as compared to used yachts, but that the repeal frustrated his original plan.

16(...COntinued) 10 percent tax that was imposed by section 4002 on sales ofnew yachts would work to his advantage by increasing the prices ofnew yachts as compared to used yachts, but that the repeal frustrated his original plan.

eaningfully in such prior proceeding.” 4. History of Section 6015(g) In 1998, paragraph (3)(A) of section 6015(e), as amended by a technical correction in the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, Pub. L. 105-277, sec. 4002(c)(2), 112 Stat. 2681-906 (1998), 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 7

on, the Diane was capable of sailing under IOR, IMS, and PHRF.5 Effect of Luxury Tax on Industry Another problem for petitioners occurred when the sailboat racing industry slowed in the early 1990s because of the imposition of the luxury tax under section 4002. During this time, approximately 480,000 people lost jobs in the marine industry; as a result, there were not as many races and fewer people were chartering boats. Tax Returns In preparing their tax returns, petitioners consulted Leonard F

e July 23, 1998, the Commissioner's deficiency determination is presumed correct, and the taxpayer bears the burden of proof in such cases. Sec. 7491(a)(2); Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1999, Pub. L. 105-277, sec. 4002(b), 112 Stat. 2681-906; Rule 142(a). As previously stated, the examination in this case began on December 17, 1997. The Court of Appeals for the Ninth Circuit, to which appeal in the instant case would normally lie, has indicated that befor