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nonrequesting spouse), the term “disqualified asset” is defined in
section 6015(c)(4)(B)41 as follows:
SEC. 6015. RELIEF FROM JOINT AND SEVERAL LIABILITY ON
JOINT RETURN.
* * * * * * *
(c) Procedures To Limit Liability for Taxpayers No
Longer Married or Taxpayers Legally Separated or Not
Living Together.--
(4) Liability increased by reason of transfers
of property to avoid tax.--
* * * * * * *
(B) Disqualified asset. For purposes of
this paragraph--
(i) In general.--The term “disquali-
fied asset” means any property or right
to property transferred to an individual
making the election under this subsection
with respect to a joint return by the
other individual filing such joint return
if the principal purpose of the transfer
was the avoidance of tax or payment of
tax.
(ii) Presumption.--
(I) In general.--For purposes
of clause (i), except as provided in
subclause (II), any transfer which
is made after the date which is 1
year before the date on which the
first letter of proposed deficiency
which allows the taxpayer an oppor-
tunity for administrative review in
the Internal Revenue Service Office
41Threshold condition (6) of sec. 4.01 of Revenue Procedure
2000-15 provides that, for purposes of that revenue procedure,
the term “disqualified asset" has the meaning given to such term
by sec. 6015(c)(4)(B).
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