- 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 Service                   
Page:  Previous   34   35   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   NextLast modified: May 25, 2011