- 24 - held liable under section 6015(c)(1) may be increased as a result of a transfer of disqualified assets under section 6015(c)(4). Under section 6015(c)(4)(A), the portion of the deficiency for which the taxpayer electing the application of section 6015(c) is liable (without regard to section 6015(c)(4)(A)) is increased by the value of any disqualified asset transferred to the taxpayer. The term “disqualified asset” means any property or right to property transferred to the taxpayer making the election under section 6015(c) (i.e., petitioner) by the other individual filing such joint return (i.e., Mr. Ohrman) if the principal purpose of the transfer was the avoidance of tax or payment of tax. Sec. 6015(c)(4)(B)(i). Under section 6015(c)(4)(B)(ii), there is a presumption that any asset transfer that occurs after the date that is 1 year before the first letter of proposed deficiency is sent by respondent has as its principal purpose the avoidance of tax or payment of tax. (The letter of proposed deficiency allows the taxpayer an opportunity for administrative review in the Internal Revenue Service Office of Appeals. Sec. 6015(c)(4)(B)(ii)(I).) This presumption, however, does not apply to any transfer made pursuant to a decree of divorce or separate maintenance or a written instrument incident to such a decree. Sec. 6015(c)(4)(B)(ii)(II); see also sec. 71(b)(2)(B) (explaining that the term “divorce or separation instrument” means a writtenPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011