Maureen Monsour - Page 47

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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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