- 41 - 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.’”Page: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
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