Lois E. Ordlock - Page 43

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          narrow definition of “determination” despite strong indications             
          to the contrary in the statute.                                             
               A section 6015 “determination” is not merely that a spouse             
          is entitled to relief from joint and several liability.  Contra             
          majority op. p. 22.  The amount that the Commissioner determines            
          the electing spouse must pay towards the tax liability                      
          attributable to the nonelecting spouse1 and the amount of any               
          refund are part of the determination.  Sec. 6015(e)(1)(A) (“the             
          individual may petition the Tax Court * * * to determine the                
          appropriate relief available to the individual under this                   
          section”); Washington v. Commissioner, supra at 145 (holding we             
          have jurisdiction under section 6015(e)(1) to review all relief             
          afforded by section 6015); Rooks v. Commissioner, T.C. Memo.                
          2004-127 (analyzing the Commissioner’s determination and deciding           
          whether taxpayer was entitled to a refund pursuant to section               
          6015(g)).                                                                   
               Thus, the flush language of section 6015(a) requires that              
          community property laws be disregarded in determining the amount            
          of a taxpayer’s refund pursuant to section 6015(g).  See Estate             
          of Capehart v. Commissioner, 125 T.C. ___ (Nov. 14, 2005)                   


               1  I note that in the notice of determination respondent               
          determined the amount of relief petitioner was entitled pursuant            
          to sec. 6015(b), not just that petitioner was entitled to relief,           
          and that respondent clarified his determination by stipulating              
          the amount of petitioner’s liability for the years in issue after           
          application of sec. 6015(b).                                                





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