Lois E. Ordlock - Page 41

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               VASQUEZ, J., dissenting:  I respectfully disagree with the             
          majority opinion’s holdings primarily because I believe they are            
          contrary to the controlling statute and legislative intent.                 
          I.   Whether Petitioner Entitled to a Refund                                
               A.   Statutory Interpretation and Construction                         
               In interpreting section 6015, the Court should give effect             
          to congressional intent.  Ewing v. Commissioner, 118 T.C. 494,              
          503 (2002); Fernandez v. Commissioner, 114 T.C. 324, 329 (2000).            
          Congress enacted section 6015 in the Internal Revenue Service               
          Restructuring and Reform Act of 1998 (RRA 1998), Pub. L. 105-206,           
          sec. 3201, 112 Stat. 734, as a means of expanding relief to                 
          innocent spouses.  See Hopkins v. Commissioner, 120 T.C. 451,               
          458-459 (2003) (“section 6015 was enacted to provide spouses with           
          broader access to relief from joint and several tax                         
          liabilities”); Washington v. Commissioner, 120 T.C. 137, 159-160            
          (2003) (“We believe that Congress wanted to grant the broadest              
          relief, while providing certainty in the settlement of tax refund           
          claims”); H. Conf. Rept. 105-599, at 249-255 (1998), 1998-3 C.B.            
          747, 1003-1009; S. Rept. 105-174, at 65, 68 (1998), 1998-3 C.B.             
          537, 601, 604; H. Rept. 105-364 (Part 1), at 60-62 (1998), 1998-3           
          C.B. 373, 432-434.  “Moreover, we are mindful that section 6015             
          was designed ‘to correct perceived deficiencies and inequities’,            
          and it is well settled law that ‘curative legislation should be             
          liberally construed to effectuate its remedial purpose.’”                   






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