- 58 - property of the electing spouse and then seek a refund of these amounts. D. Complexity/Administrative Difficulty The majority concludes that “petitioner’s approach would lead to a very complex factual analysis to trace” the assets used to make the payments and would lead to “an administrative nightmare that would severely impede collection”. Majority op. p. 19. The fact that tracing may be complex is not a sufficient reason to disregard the plain language of the statute. Contrary to the majority’s suggestion that this would burden respondent, my proposal, supra, is that the burden of proof would be on petitioner as to this issue (i.e., to prove the economic source of ownership of the payment). IV. Conclusion I believe that the majority gives too little consideration to the text of section 6015 and instead digresses into policy matters that are better left to Congress. Additionally, the majority imposes limitations and distinctions not found in the statute. Furthermore, the majority narrowly construes the term “determination”. We can presume that when Congress enacted section 6015 in 1998 it knew (1) the effects of joint and several liability, (2) the benefits available to persons who qualify for relief fromPage: Previous 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Next
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