Lois E. Ordlock - Page 61

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               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.                                   







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