- 60 - MARVEL, J., dissenting: I agree with the majority’s statement that “The crux of this dispute is the application of the last sentence of section 6015(a) and the language of section 6015(g)(1).” Majority op. p. 8. However, I disagree with the majority that the wording and structure of section 6015 and its legislative history support the majority’s conclusion that a person who resides in a community property State and who qualifies for relief under section 6015 is not entitled to a refund of any part of the community property used to satisfy her spouse’s Federal income tax liability. The principal reasons for my disagreement are summarized below. Section 6015(a) Unequivocally Provides That “Any determination [under section 6015] shall be made without regard to community property laws.” As the majority correctly points out, Congress in 1998 enacted section 60151 as a means of expanding relief to innocent spouses. See H. Conf. Rept. 105-599, at 249-255 (1988), 1998-3 C.B. 747, 1003-1009; S. Rept. 105-174, at 55-60 (1998), 1998-3 C.B. 537, 591-596; H. Rept. 105-364 (Part 1), at 60-62 (1997), 1998-3 C.B. 373, 432-434. Section 6015 replaced section 6013(e), which was often criticized as too narrowly crafted to provide broad-based relief from liability to deserving taxpayers. 1Sec. 6015 was enacted in the Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3201, 112 Stat. 734.Page: Previous 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 Next
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