Lois E. Ordlock - Page 56

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          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.                           





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