jainen Posted August 4, 2008 Report Posted August 4, 2008 In a Ninth Circuit ruling last week, Ordlock v. Commissioner, the taxpayer had been granted innocent spouse relief under Section 6015. She asked for her share of previous payments to be refunded, pointing out that 6015 says, "Any determination under this section shall be made without regard to community property laws." The IRS replied, and the Appeals Court agreed, that the "determination" was only as to whether she is ELIGIBLE for innocent spouse relief. The statute does not say to ignore community property in terms of the ACTUAL relief. So they kept her money anyway. Quote
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