John A. Rowe and Donna L. Rowe - Page 15




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               between spouses, unless the evidence shows that a                      
               different allocation is appropriate.  For example, a                   
               charitable contribution normally would be allocated                    
               equally to both spouses.  However, if the wife provides                
               evidence that the deduction relates to the contribution                
               of an asset that was the sole property of the husband,                 
               any deficiency assessed because it is later determined                 
               that the value of the property was overstated would be                 
               allocated to the husband.                                              
                    Items of loss or deduction are allocated to a                     
               spouse only to the extent that income attributable to                  
               the spouse was offset by the deduction or loss.  Any                   
               remainder is allocated to the other spouse.                            
                    Income tax withholding is allocated to the spouse                 
               from whose paycheck the tax was withheld.  Estimated                   
               tax payments are generally expected to be allocated to                 
               the spouse who made the payments.  If the payments were                
               made jointly, the payments are expected to be allocated                
               equally to each spouse, in the absence of evidence                     
               supporting a different allocation.                                     
                    The allocation of items is to be made without                     
               regard to the community property laws of any                           
               jurisdiction.                                                          
                    If the electing spouse establishes that he or she                 
               did not know, and had no reason to know, of an item                    
               and, considering all the facts and circumstances, it is                
               inequitable to hold the electing spouse responsible for                
               any unpaid tax or deficiency attributable to such item,                
               the item may be equitably reallocated to the other                     
               spouse.  In cases where the IRS proves fraud, the IRS                  
               may distribute, apportion, or allocate any item between                
               spouses.  [S. Rept. 105-174, supra at 56-57, 1998-3                    
               C.B. at 592-593.]                                                      
               On January 17, 2001, the Secretary issued proposed                     
          regulations under section 6015.8  Sec. 1.6015-1, Proposed Income            


               8On Mar. 29, 2001, minor corrections were made to the                  
          proposed regulations.  Sec. 1.6015-1, Proposed Income Tax Regs.,            
          66 Fed. Reg. 17130 (Mar. 29, 2001).  The proposed regulations               
          provide that erroneous items are generally allocated between                
          spouses as if separate returns are filed, subject to four                   
          exceptions.  Sec. 1.6015-3(d)(2), Proposed Income Tax Regs., 66             
          Fed. Reg. 3888, 3898 (Jan. 17, 2001).  The exceptions cover                 
          situations where: (1) One spouse receives a tax benefit on the              
                                                             (continued...)           





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