Lois E. Ordlock - Page 59

                                        - 59 -                                        
          joint and several liability, and (3) the effects that the                   
          majority finds objectionable.  See majority op. pp. 18-22.  These           
          policy choices are for Congress, and not the Court, to make.  Our           
          “task is to interpret the statute as best we can, not to second-            
          guess the wisdom of the congressional policy choice.”  Mansell v.           
          Mansell, 490 U.S. at 592, 594.                                              
               I believe that section 6015(a) and (g) is unambiguous and              
          that community property laws are to be disregarded in determining           
          the amount of the section 6015(g)(1) refund.  The IRS’s ability             
          to collect the nonelecting spouse’s liability via section 6321 is           
          distinct from the relief afforded pursuant to section 6015.  See            
          secs. 6015 (which is part of Chapter 61, Information and Returns,           
          of the Code), 6321 (which is part of Chapter 64, Collection, of             
          the Code).  As in Washington v. Commissioner, 120 T.C. 137                  
          (2003), I believe that Mrs. Ordlock’s relief is not limited                 
          merely to relief from joint and several liability--which is very            
          little relief indeed as, per the majority, respondent can levy on           
          her wages, her bank accounts, and her other assets, which are               
          community property under State law, to satisfy liabilities she              
          was “relieved” from pursuant to section 6015.                               
               Respectfully, I dissent.                                               
               SWIFT, WELLS, COLVIN, and FOLEY, JJ., agree with this                  
          dissenting opinion.                                                         








Page:  Previous  49  50  51  52  53  54  55  56  57  58  59  60  61  62  63  64  65  66  67  68  Next

Last modified: May 25, 2011