- 21 - jointly filed a tax return for the taxable year for which the requesting spouse is seeking relief under section 6015(f)). Where, as is the case here, the requesting spouse satisfies the threshold conditions set forth in section 4.01 of Revenue Procedure 2000-15, section 4.02 of that revenue procedure sets forth the circumstances under which the Service ordinarily will grant relief to that spouse under section 6015(f) in a case like the instant case where a liability is reported in a joint return but not paid. As pertinent here, those circumstances, which Revenue Procedure 2000-15 and we refer to as elements, are: (a) At the time relief is requested, the requesting spouse is no longer married to * * * the nonrequesting spouse * * * (b) At the time the return was signed, the requesting spouse had no knowledge or reason to know that the tax would not be paid. The requesting spouse must establish that it was reasonable for the request- ing spouse to believe that the nonrequesting spouse would pay the reported liability. If a requesting spouse would otherwise qualify for relief under this section, except for the fact that the requesting spouse had no knowledge or reason to know of only a portion of the unpaid liability, then the requesting spouse may be granted relief only to the extent that the liability is attributable to such portion; and (c) The requesting spouse will suffer eco- nomic hardship if relief is not granted. For purposes of this section, the determination of whether a re- questing spouse will suffer economic hardship will be made by the Commissioner or the Commissioner’s dele- gate, and will be based on rules similar to those provided in � 301.6343-1(b)(4) of the Regulations on Procedure and Administration. (We shall hereinafter refer to the elements set forth in sectionPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011