Sandrus L. Collier - Page 16

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          applicable threshold conditions, section 4.01 of Revenue Proce-             
          dure 2000-15 provides that that spouse is entitled to relief                
          under section 6015(f) for all or part of the liability in ques-             
          tion if, taking into account all of the facts and circumstances,            

                    .01  Eligibility to be considered for equitable                   
               relief.  All the following threshold conditions must be                
               satisfied before the Service will consider a request                   
               for equitable relief under � 6015(f). * * *                            
                         (1) The requesting spouse filed a joint                      
               return for the taxable year for which relief is sought;                
                         (2) Relief is not available to the requesting                
               spouse under � 6015(b) or 6015(c);                                     
                         (3) The requesting spouse applies for relief                 
               no later than two years after the date of the Service’s                
               first collection activity after July 22, 1998, with                    
               respect to the requesting spouse;                                      
                         (4) * * * the liability remains unpaid. * * *                
                         (5) No assets were transferred between the                   
               spouses filing the joint return as part of a fraudulent                
               scheme by such spouses;                                                
                         (6) There were no disqualified assets trans-                 
               ferred to the requesting spouse by the nonrequesting                   
               spouse. * * *  For this purpose, the term “disqualified                
               asset” has the meaning given such term by �                            
               6015(c)(4)(B); and                                                     
                         (7) The requesting spouse did not file the                   
               return with fraudulent intent.                                         
               A requesting spouse satisfying all the applicable                      
               threshold conditions set forth above may be relieved of                
               all or part of the liability under � 6015(f) * * *, if,                
               taking into account all the facts and circumstances,                   
               the Service determines that it would be inequitable to                 
               hold the requesting spouse liable for such liability.                  

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Last modified: May 25, 2011