-16- 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...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011