- 33 - Rather than choose between them, the conference agreement incorporated both the House version of expanded relief from joint and several liability (currently in section 6015(b)) and, for certain limited circumstances, the Senate version of allocable relief (currently in section 6015(c) and (d)). The conference agreement also included the Senate version of the language supplanting community property law (what is currently the flush language of section 6015(a)). Describing this provision of the Senate amendment, the conference report repeats verbatim the explanation from the Senate Finance Committee: “The allocation of items is to be accomplished without regard to community property laws.” H. Rept. 105-599, at 250 (1998), 1998-3 C.B. 747, 1004. As previously noted, this stated purpose was consistent with the longstanding provision of section 6013(e) for supplanting community property law, which had been adopted verbatim in the House bill. In fact, the conference report does not even acknowledge any difference between the House and Senate bills in this regard, or between the conference agreement and prior law. Instead, the conference report states that the conference agreement “follows the Senate amendment” with respect to deficiencies for taxpayers who are no longer married, or who are legally separated or not living together; and “also includes the provision in the House bill expanding the circumstances in which innocent spouse relief is available.” Id. at 251, 1998-3Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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