- 68 - 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).Page: Previous 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68
Last modified: May 25, 2011