- 13 - former spouse in the same manner as it would have been allocated if they had filed separate returns for the taxable year.7 Sec. 6015(d)(3)(A); Grossman v. Commissioner, 182 F.3d 275, 278 (4th Cir. 1999), affg. T.C. Memo. 1996-452; Charlton v. Commissioner, 114 T.C. 333, 342 (2000); see also S. Rept. 105-174, supra at 56, 1998-3 C.B. at 592; H. Conf. Rept. 105-599, supra at 250, 1998-3 C.B. at 1004. The electing spouse has the burden of proof with respect to establishing the portion of any deficiency allocable to the electing spouse. Sec. 6015(c)(2). The allocation is made without regard to community property laws. Sec. 6015(a) (flush language); Charlton v. Commissioner, T.C. Memo. 2001-76. The statute provides two exceptions to the general rule of section 6015(d)(3)(A). Section 6015(d)(3)(B) provides that an item otherwise allocable to one spouse under section 6015(d)(3)(A) 7Sec. 6015(d) provides, in pertinent part: SEC. 6015(d). Allocation of Deficiency.--For purposes of * * * [section 6015(c)]-- * * * * * * * (3) Allocation of Items Giving Rise to the Deficiency.-For purposes of * * * [section 6015(c)]- (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.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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