Ranie M. Raymond - Page 10




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          uses procedures under Rev. Proc. 2000-15, 2000-1 C.B. 447 (the              
          revenue procedure), to determine whether an individual qualifies            
          for relief under that section.  Section 4.01 of the revenue                 
          procedure lists seven threshold conditions, including the filing            
          of a joint return, that must be satisfied before the Commissioner           
          will consider a request for relief under section 6015(f).8                  
               The legislative history of section 6015 further demonstrates           
          that Congress intended a joint return requirement to apply to               
          section 6015(f).  The conference agreement accompanying the                 
          enactment of section 6015(f) contemplates that a joint return be            
          filed as a prerequisite for the grant of equitable relief.  H.              
          Conf. Rept. 105-599, at 254 (1998), 1998-3 C.B. 747, 1008.  The             
          agreement stated:                                                           
                    The conference agreement does not include the                     
               portion of the Senate amendment that could provide                     
               relief in situations where tax was shown on a joint                    
               return, but not paid with the return.  The conferees                   
               intend that the Secretary will consider using the grant                
               of authority to provide equitable relief in appropriate                
               situations to avoid the inequitable treatment of                       
               spouses in such situations. * * *                                      

               7(...continued)                                                        
               the Secretary may relieve such individual of such                      
               liability.                                                             
               8  The revenue procedure provides, in pertinent part:                  
                    4.01  Eligibility to be considered for equitable                  
               relief.  All of the following threshold conditions must                
               be satisfied before the Service will consider a request                
               for equitable relief under sec. 6015(f). * * *                         
                    (1)  The requesting spouse filed a joint return                   
               for the taxable year for which relief is sought; * * *.                




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