- 17 - provision in section 6015(e)(3) following the 1998 technical correction are helpful. In 1998, the refund authority in section 6015(e)(3) was tied specifically “to the extent attributable to the application of subsection (b) or (f)”, or in the words of the House report, was exercisable when the Tax Court “determines the spouse qualifies for relief and an overpayment exists as a result of the innocent spouse qualifying for such relief.” H. Rept. 105-364 (Part 1), supra at 61, 1998-3 C.B. at 433. Given this history, we see an intent to create refund authority tied specifically to a determination of relief from joint and several tax liability. However, we see no explicit intent to supplement that relief by revisiting the nature of prior payments under State community property laws. Had Congress intended courts to interpret section 6015 in the manner that petitioner suggests, it would have provided an alternative to State law to define property rights. Otherwise, there will be a void in the collection scheme. We find no congressional intent to create such a void, nor to have it filled by the judiciary. II. Other Problems and Inconsistencies That Would Result From Petitioner’s Position A. Disregarding Community Property Laws in the Context of Section 6015(g) Would Discriminate Against Married People Who File Separately If spouses file separate returns and only one spouse is liable for unpaid taxes, the Internal Revenue Service can collectPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011