Angela C. Morris - Page 7




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               Under Bunney, no portion of Mr. Morris’s IRA distributions             
          are included in petitioner’s gross income.3  Similarly, the                 
          section 72(t) additional tax does not apply to petitioner, and              
          applies only to Mr. Morris.                                                 
          2. Relief Under Section 66(c)                                               
               We next turn to petitioner’s claim that respondent abused              
          his discretion in refusing to grant equitable relief under                  
          section 66(c).  Initially, we note that we are only concerned               
          with whether petitioner is entitled to equitable relief under               
          section 66(c) for the year 1996.  With regard to 1997, petitioner           
          has no deficiency since no part of the IRA distribution for that            
          year is taxable to her.                                                     
               Under a community property regime, each spouse is entitled             
          to file separate Federal income tax returns.  When separate                 
          Federal tax returns are filed, each spouse must report half of              
          the community income.  United States v. Mitchell, 403 U.S. 190,             
          196-197 (1971).  Under certain limited circumstances, one spouse            
          may be relieved of liability for taxes on that spouse’s share of            
          community income.  These circumstances are set forth in section             
          66(c) as follows:                                                           



               3  We note that in Bunney v. Commissioner, 114 T.C. 259, 262           
          (2000), respondent argued that the taxpayer was taxable on the              
          full amount of the distribution because he received the                     
          distribution.  Under this rationale, it would appear here that              
          petitioner would not be taxable on the distributions since she              
          did not receive any of the distributions.                                   




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