Lois E. Ordlock - Page 8

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          section 6321 provides for a lien on the Ordlocks’ community                 
          property to secure Mr. Ordlock’s liability and therefore no                 
          refund of community property can be granted.                                
               The crux of this dispute is the application of the last                
          sentence of section 6015(a) and the language of section                     
          6015(g)(1).  The last sentence of section 6015(a) provides:  “Any           
          determination under this section shall be made without regard to            
          community property laws.”  Section 6015(g)(1) provides as                   
          follows:                                                                    
                    SEC. 6015(g). Credits and Refunds.--                              
                    (1)  In general.--Except as provided in                           
                    paragraphs (2) and (3), notwithstanding any                       
                    other law or rule of law (other than section                      
                    6511, 6512(b), 7121, or 7122), credit or                          
                    refund shall be allowed or made to the extent                     
                    attributable to the application of this                           
                    section.                                                          
          The dispute turns on the meaning of the phrases “Any                        
          determination under this section” in section 6015(a) and                    
          “notwithstanding any other law or rule of law” in section                   
          6015(g)(1).  Petitioner argues that “Any determination” in                  
          section 6015(a) is comprehensive and includes the application of            
          section 6015(g)(1), and that State community property laws are              
          disregarded under the “any other law” language in section                   
          6015(g)(1).                                                                 
               Petitioner’s position does not focus on taxable income for             
          the taxable years at issue, but rather on the ownership of the              
          payments made on the joint tax liabilities over the subsequent 20           




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