Lois E. Ordlock - Page 33

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               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, 1998-3             




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