- 11 - satisfied before the Commissioner will consider a request for relief under section 6015(f). These conditions are: (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 sec. 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) Except as provided in the next sentence, the liability remains unpaid. A requesting spouse is eligible to be considered for relief in the form of a refund of liabilities for: (a) amounts paid on or after July 22, 1998, and on or before April 15, 1999; and (b) installment payments, made after July 22, 1998, pursuant to an installment agreement entered into with the Service and with respect to which an individual is not in default, that are made after the claim for relief is requested; (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 transferred to the requesting spouse by the nonrequesting spouse. If there were disqualified assets transferred to the requesting spouse by the nonrequesting spouse, relief will be available only to the extent that the liability exceeds the value of such disqualified assets. For this purpose, the term “disqualified asset” has the meaning given such term by section 6015(c)(4)(B); and (7) The requesting spouse did not file the return with fraudulent intent. Rev. Proc. 2000-15, section 4.01, supra.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011