- 15 - 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...)Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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