Suzanne E. Barrera, a.k.a. Suzanne E. Battle - Page 25




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          legally separated from, the nonrequesting spouse, or has not been           
          a member of the same household as the nonrequesting spouse at any           
          time during the 12-month period ending on the date relief was               
          requested; (2) at the time the return was signed, the requesting            
          spouse had no knowledge or reason to know that the tax would not            
          be paid; and (3) the requesting spouse will suffer economic                 
          hardship if relief is not granted.14                                        
               Petitioner and Mr. Barrera were still married and living in            
          the same household when petitioner filed her Form 8857 in                   
          September 2002, and petitioner concedes that she does not meet              
          the first element listed above.  Accordingly, we conclude that              
          petitioner does not qualify for relief under Rev. Proc. 2000-15,            
          sec. 4.02, 2000-1 C.B. at 448.                                              
               Where a requesting spouse satisfies the threshold conditions           
          of Rev. Proc. 2000-15, sec. 4.01, 2000-1 C.B. at 448, but does              
          not qualify for relief under Rev. Proc. 2000-15, sec. 4.02,                 
          equitable relief may still be granted under section 6015(f) if,             
          taking into account all the facts and circumstances, it would be            
          inequitable to hold the requesting spouse liable for all or part            
          of the unpaid liability.  Rev. Proc. 2000-15, sec. 4.03, 2000-1             
          C.B. 448, provides a list of positive factors and negative                  
          factors that may be considered in determining whether it would be           

               14   Relief under Rev. Proc. 2000-15, sec. 4.02, 2000-1 C.B.           
          at 448, is available only to the extent that the unpaid liability           
          is allocable to the nonrequesting spouse.                                   





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