- 47 - 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).Page: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Next
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