- 61 - The last sentence of section 6015(a) unequivocally provides that “Any determination under this section shall be made without regard to community property laws.” Section 6015 does not define the term “determination”, nor does it contain any words limiting the types of determinations to which the last sentence of subsection (a) refers. In particular, section 6015 contains no language limiting the term “determination” to determinations made under subsection (b), (c), or (f), although Congress could very easily have inserted such a limitation if it had intended to enact one. Under well-recognized principles of statutory interpretation, if a statute does not define a term, that term is given its ordinary and commonly accepted meaning. See Keene v. Commissioner, 121 T.C. 8, 14 (2003); Payless Cashways, Inc. v. Commissioner, 114 T.C. 72, 77-28 (2000). The term “determination” is defined in Webster’s Third New International Dictionary (1971) to mean “the settling and ending of a controversy” and, alternatively, “the resolving of a question by argument or reasoning”. It is also defined in Black’s Law Dictionary (7th ed. 1999) to mean “A final decision by a court or administrative agency”. Under any of these definitions, a decision regarding whether a taxpayer qualifies for a refund under section 6015(g) is a determination.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