Cathy Miller Hardy - Page 16

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               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 even           






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