Lois E. Ordlock - Page 32

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               The first appearance of what is now the flush language of              
          section 6015(a) (the disputed language) occurred in 1998, in the            
          Senate amendment to the just-described House bill.  Whereas the             
          House had agreed to liberalize the type of relief available under           
          former section 6013(e), the Senate agreed to a different type of            
          relief:  in the case of a deficiency arising from a joint return,           
          the Senate amendment would have permitted the spouse to elect to            
          be liable only to the extent that items giving rise to the                  
          deficiency were allocable to the spouse.2  For this purpose, under          
          the Senate amendment, as under current section 6015(c), items               
          were generally allocated between spouses in the same manner as              
          they would have been allocated if the spouses had filed separate            
          returns.  The Senate amendment, like the disputed language of               
          current section 6015(a), states that “Any determination under               
          this section shall be made without regard to community property             
          laws.”  H.R. 2676, sec. 3201(a), as amended and passed by the               
          Senate on May 7, 1998.  The report of the Senate Finance                    
          Committee explains this provision as follows:  “The allocation of           
          items is to be accomplished without regard to community property            
          laws.”  S. Rept. 105-174, at 56 (1998), 1998-3 C.B. 537, 592.               


               2 The Senate amendment also provided additional relief in              
          situations where tax was shown on a return but not paid with the            
          return.  This type of relief was not included in the conference             
          agreement.  See H. Rept. 105-599, at 254 (1998), 1998-3 C.B. 747,           
          1008.  The Senate amendment also contained provision for                    
          “equitable relief”, a version of which is now found in sec.                 
          6015(f).                                                                    




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