- 56 - spouse. Respondent’s collection rights are not at issue in this case. This leads to my next point. B. Legal or Statutory Voids? “General” State Property Laws Define the Source of the Payments The majority opines that if California community property laws are disregarded to determine the amount of petitioner’s refund, the Court will be left “with no law or resource to define the [source of] ownership of the payments made” on the tax liabilities for the years in issue. Majority op. pp. 15, 17, 19. If the Court disregarded community property laws when determining the amount of section 6015(g) refunds, the Court would not be left in a void without any guidance any more than State courts in community property States are in a void when dealing with nonmarried persons. The Court could apply the “general” property laws of California (i.e., laws regarding holding property as joint tenants, tenants in common, etc.) to determine the source (i.e., ownership) of the payments. As I stated supra, the parties could present evidence on and brief this point. C. Potential for Abuse The majority concludes that if community property laws were disregarded for purposes of section 6015(g), “married taxpayers in community property States could structure future payments so that [the economic source of] ownership is attributable to the spouse requesting relief under section 6015, while continuing a jointly financed lifestyle.” Majority op. p. 18.Page: Previous 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Next
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