- 44 - (accepting and applying the parties stipulations which disregarded Nevada community property law for purposes of allocating the liability pursuant to section 6015(d)). 2. Section 6013 Compared With Section 6015 Contrary to the view of the majority, the evolution of former section 6013(e) into section 6015 shows that Congress intended to disregard community property laws with respect to all of section 6015 and not to limit disregarding community property laws to determining whether an electing spouse is entitled to relief pursuant to section 6015(b), (c), or (f). Former section 6013(e)(5)--before its repeal by RRA 1998, sec. 3201(e), 112 Stat. 740--provided: “For purposes of this subsection, the determination of the spouse to whom items of gross income (other than gross income from property) are attributable shall be made without regard to community property laws.” In contrast, section 6015(a) is broader than former section 6013(e)(5), providing: “Any determination under this section shall be made without regard to community property laws.” The Court should not ignore (1) this statutory change eliminating the language modifying and limiting the term “determination” in former section 6013(e)(5); or (2) that this same limitation was not enacted as part of section 6015 even though the initial proposals to reform former section 6013 contained this same limitation. Internal Revenue ServicePage: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
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