Lois E. Ordlock - Page 34

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          C.B. at 1005.  The conference report further states that it                 
          “follows the House bill and the Senate amendment with respect to            
          procedural rules”.  Id. at 255, 1998-3 C.B. at 1009.                        
               In sum, the legislative history lends strong support to the            
          view that in enacting section 6015, Congress intended to supplant           
          community property law only for purposes of making the necessary            
          allocations to determine eligibility for relief from joint and              
          several liability, just as had been the case for over a quarter             
          of a century under former section 6013(e).  There is not the                
          slightest indication that Congress intended to expand the                   
          preemption of State law in the manner urged by petitioner and the           
          dissenters.                                                                 
               The question arises whether section 6015(a) is so clear and            
          unequivocal as to require preemption of State community property            
          law in the manner urged by petitioner and the dissenters,                   
          notwithstanding legislative history to the contrary.   I agree              
          with the majority opinion that the statute is ambiguous in this             
          regard and accordingly fails to provide the “clear and                      
          unequivocal” expression of congressional intent that the Supreme            
          Court requires for supplanting community property law.  Powell v.           
          Commissioner, 101 T.C. at 494.  In the first instance, for                  
          reasons described in the majority opinion, there is considerable            
          doubt as to whether allowing (or disallowing) a refund or credit            
          constitutes a “determination” within the meaning of section                 






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