Patricia M. Mora, F.K.A. Patricia Rasberry - Page 25




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          returns.  Under this exception, items giving rise to a deficiency           
          that are attributable to the nonrequesting spouse must also be              
          attributed to the requesting spouse if the requesting spouse                
          received a “tax benefit” from the items on the joint return.  The           
          legislative history explains the operation of the “tax benefit”             
          exception:                                                                  
               If the deficiency arises as a result of the denial of                  
               an item of deduction or credit, the amount of the                      
               deficiency allocated to the spouse to whom the item of                 
               deduction or credit is allocated is limited to the                     
               amount of income or tax allocated to such spouse that                  
               was offset by the deduction or credit.  The remainder                  
               of the liability is allocated to the other spouse to                   
               reflect the fact that income or tax allocated to that                  
               spouse was originally offset by a portion of the                       
               disallowed deduction or credit.  [H. Conf. Rept.                       
               105-599, at 252 (1998), 1998-3 C.B. 747, 1006.]                        
          Both the conference committee report and the proposed regulations           
          contain an example under which an erroneous deduction                       
          attributable to the nonrequesting spouse (in excess of the                  
          nonrequesting spouse’s separate return income) reduces the                  
          requesting spouse’s hypothetical separate return tax liability,             
          resulting in a tax benefit to the requesting spouse.  See id.;              
          sec. 1.6015-3(d)(5) Example 6, Proposed Income Tax Regs., 66                
          Fed. Reg. 3900 (Jan. 17, 2001).                                             
               In the case at hand, petitioner would have been required to            
          pay tax on her share of the income reported on each joint return            
          had she filed a separate return.  Because of the erroneous                  
          Shorthorn partnership deductions attributed to intervenor,                  






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