Lois E. Ordlock - Page 68

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          granted relief under section 6015(b) or (f)3 will be entitled to a          
          refund (assuming other refund requirements are met) only if the             
          taxpayer’s separate property was used to satisfy all or a portion           
          of the spouse’s tax liability.  Unlike a taxpayer’s joint                   
          property interests in a common law State, a taxpayer’s community            
          property interest will remain a collection source and the                   
          taxpayer will have no right to a refund under section 6015(g)               
          with respect to community property used to satisfy the spouse’s             
          tax liability.  Given the remedial nature of section 6015 and               
          Congress’s avowed purpose of broadening a taxpayer’s ability to             
          obtain relief from joint and several liability, such a result               
          cannot be consistent with Congress’s intent.                                
               In light of the majority opinion, Congress should revisit              
          section 6015 and provide us with guidance regarding the proper              
          application of section 6015 to taxpayers who reside in community            
          property States.  In the meantime, the majority opinion operates            
          as a strong incentive for taxpayers in community property States            
          to take advantage of State laws that may permit them to convert             
          community property into other forms of joint ownership.                     
               COLVIN, FOLEY, and GALE JJ., agree with this dissenting                
          opinion.                                                                    




               3Sec. 6015(g)(2) provides that no credit or refund shall be            
          allowed as a result of an election under subsec. (c).                       





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