Connie A. Washington - Page 35

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          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 the           






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