- 35 - relief is requested; rather it refers to a tax reported on the return, but not paid with the return. The Senate amendment would have permitted the separate liability election (section 6015(c)) to apply “in situations where the tax shown on a joint return is not paid with the return.” S. Rept. 105-174, 58 (1998), 1998-3 C.B. 537, 594. The conference committee report, H. Conf. Rept. 105-599, 1998-3 C.B. 747, explained that, although the conference agreement did not include that portion of the Senate amendment, the conferees intended that the Secretary consider using the grant of authority to provide equitable relief (section 6015(f)) to avoid the inequitable treatment of spouses in situations where tax was shown on the joint return, but not paid with the return. Thus, it is clear from the legislative history that the term “unpaid tax” in section 6015(f) includes a tax that was shown on a joint return, but not paid with the return. Section 6015(g) permits a refund where relief from liability for unpaid tax is granted under section 6015(f). If the word “unpaid” has the meaning urged by respondent, then a taxpayer seeking equitable relief under section 6015(f) for an unpaid tax could obtain relief only for that portion of the tax that has not been collected and would not be permitted any refund of tax. Such an interpretation would conflict with the legislative history. Furthermore, section 6015(g) is very specific with respect to thePage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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