- 16 - Section 66(b) and (c) provides: (b) SECRETARY MAY DISREGARD COMMUNITY PROPERTY LAWS WHERE SPOUSE NOT NOTIFIED OF COMMUNITY INCOME.-- The Secretary may disallow the benefits of any commu- nity property law to any taxpayer with respect to any income if such taxpayer acted as if solely entitled to such income and failed to notify the taxpayer's spouse before the due date (including extensions) for filing the return for the taxable year in which the income was derived of the nature and amount of such income. (c) SPOUSE RELIEVED OF LIABILITY IN CERTAIN OTHER CASES.--Under regulations prescribed by the Secretary, if-- (1) an individual does not file a joint return for any taxable year, (2) such individual does not include in gross income for such taxable year an item of community income properly includible therein which, in accordance with the rules contained in section 879(a), would be treated as the income of the other spouse, (3) the individual establishes that he or she did not know of, and had no reason to know of, such item of community income, and (4) taking into account all facts and cir- cumstances, it is inequitable to include such item of community income in such individual's gross income, then, for purposes of this title, such item of commu- nity income shall be included in the gross income of the other spouse (and not in the gross income of the individual). As for petitioner's reliance on section 66(b), that section is applicable only to taxable years beginning after December 31, 1984. Sec. 424(c)(2) of the Deficit Reduction Act of 1984, Pub. L. 98-369, 98 Stat. 803. Consequently, section 66(b) is not evenPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011