- 18 - out of community assets. See McIntyre v. United States, 222 F.3d 655 (9th Cir. 2000); see also sec. 6321. However, under petitioner’s section 6015 argument, if married spouses filed jointly, the Government could not collect out of community assets without some tracing mechanism when one spouse receives section 6015 relief. Without Congress’s explicit rationale or statement of such an intent, we find this result to be inconsistent. B. Disregarding Community Property Laws in the Context of Section 6015(g) Would Create Potential Abuse We must avoid an interpretation of section 6015(g) that would create a potential for abuse by allowing community property laws to be disregarded during the collection process. Because section 6015 relief is often granted many years after the taxable year at issue, the timespan offers an opportunity to change the source of the payments that are otherwise community property. In an effort to avoid paying tax liabilities, married taxpayers in community property States could structure future payments so that ownership is attributable to the spouse requesting relief under section 6015, while continuing a jointly financed lifestyle. C. Did Congress Leave Open the Question of How To Divide Property Between Spouses for Collection Purposes? As stated previously, another problem with petitioner’s position is the lack of legislative direction regarding how to divide the assets between spouses in community property States for collection purposes. If we adopt petitioner’s interpretationPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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