Lois E. Ordlock - Page 58

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          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 from               






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