- 12 - requesting spouses, who were living at or near poverty level at the time of their request and who proved that they would suffer economic hardship without relief from joint and several liability. See, e.g., Washington v. Commissioner, 120 T.C. 137 (2003); cf. Collier v. Commissioner, T.C. Memo. 2002-144. On the record in this case, petitioner has failed to show that respondent’s determination regarding economic hardship was an abuse of discretion. Attribution to Nonrequesting Spouse Under Rev. Proc. 2000-15, sec. 4.02, 2000-1 C.B. at 448, section 6015(f) relief will ordinarily be granted where the requesting spouse is no longer married to the nonrequesting spouse; the requesting spouse would suffer economic hardship; and the requesting spouse, at the time the return was signed, had no knowledge or reason to know that the tax would not be paid. Relief is limited to the extent that the unpaid liability is allocable to the nonrequesting spouse. In addition, one of the positive factors in Rev. Proc. 2000-15, sec. 4.03, 2000-1 C.B. at 448, weighing in favor of relief is that the liability is attributable solely to the nonrequesting spouse. Petitioner concedes that he earned the income that gave rise to the liabilities from which he now seeks relief. Petitioner claims, however, that the unpaid liability is attributable to Ms. Trevino because she was responsible for the family financesPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011