Fredie Lynn Charlton - Page 16

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          relief under section 6015(c).  Thus, the procedures in section              
          6015(d) to allocate items between Hawthorne and Charlton apply.4            

               4  Sec. 6015(d) provides in part:                                      
               SEC. 6015(d).  Allocation of Deficiency.--For purposes                 
               of subsection (c)--                                                    
                    (1)  In general.--The portion of any deficiency on                
                    a joint return allocated to an individual shall be                
                    the amount which bears the same ratio to such                     
                    deficiency as the net amount of items taken into                  
                    account in computing the deficiency and allocable                 
                    to the individual under paragraph (3) bears to the                
                    net amount of all items taken into account in                     
                    computing the deficiency.                                         
                    (2)  Separate treatment of certain items.--If a                   
                    deficiency (or portion thereof) is attributable to                
                    –-                                                                
                         (A)  the disallowance of a credit; or                        
                         (B)  any tax (other than tax imposed by                      
                         section 1 or 55) required to be included with                
                         the joint return,                                            
               and such item is allocated to one individual under                     
               paragraph (3), such deficiency (or portion) shall be                   
               allocated to such individual.  Any such item shall not                 
               be taken into account under paragraph (1).                             
                    (3)  Allocation of items giving rise to the                       
                    deficiency. For purposes of this subsection-–                     
                         (A)  In general.  Except as provided in                      
                         paragraphs (4) and (5), any item giving rise                 
                         to a deficiency on a joint return shall be                   
                         allocated to individuals filing the return in                
                         the same manner as it would have been                        
                         allocated if the individuals had filed                       
                         separate returns for the taxable year.                       
                         (B)  Exception where other spouse benefits.                  
                         Under rules prescribed by the Secretary, an                  
                                                             (continued...)           




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Last modified: May 25, 2011