- 43 - 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).Page: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
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