Lois E. Ordlock - Page 60

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               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.                                                              





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