- 38 - or by transferring assets for the purpose of avoiding the payment of tax by the use of this election. The Committee believes that rules restricting the liability of taxpayers to limit their liability in such situations are appropriate. [Emphasis added.] S. Rept. 105-174, at 55-56 (1998). Thus, the Senate Committee on Finance equated “actual knowledge” with “knowingly signing [a] false return”. Third, Senator Graham said the following in offering amendments to section 6015(c) (unanimously adopted by the Senate) on behalf of himself and other Senate Committee on Finance members: The primary exception [to allocable liability under section 6015(c)] was that if the Secretary of the Treasury could demonstrate–-and the burden is on the Secretary of the Treasury to demonstrate-–that an individual making this election to be taxed only for their proportional share of the deficiency of the return, that if they had actual knowledge of the conditions within that return which led to this deficiency, then they would be 100 percent responsible. [Senate Floor Debate for Amendment No. 2369, 144 Cong. Rec. 56, S4473; emphasis supplied] Senator D’Amato, also a member of the Senate Committee on Finance, said: There were concerns, and rightly so, that some taxpayers may try to abuse the innocent spouse rules by knowingly signing false returns, or transferring assets for the purpose of avoiding the payment of tax, and then claim to be innocent. Obviously, no one would want to open the door to that type of fraud. As such, language was included in the bill that would prevent an individual from electing the innocent spouse provision if they had “actual knowledge of any item giving rise to a deficiency.” [Emphasis added.] Id. Fourth, using language identical to that used by the Senate Committee on Finance, the conference report states that a putativePage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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