- 6 - and circumstances, it is inequitable to hold the individual liable for any unpaid tax or any deficiency (or any portion of either); and (2) relief is not available to such individual under subsection (b) or (c), the Secretary may relieve such individual of such liability. As directed by section 6015(f), the Commissioner announced factors, first in Notice 98-61, 1998-2 C.B. 756, and later in Rev. Proc. 2000-15, 2000-1 C.B. 447, that the Commissioner will consider in determining whether an individual qualifies for relief under section 6015(f).2 Where, as here, the unpaid liability is one that was reported as due on the joint return, the factors that are deemed to weigh in favor of granting relief are: (1) The requesting spouse is separated or divorced from the nonrequesting spouse; (2) the requesting spouse will suffer hardship if relief is not granted; (3) the requesting spouse was abused by the nonrequesting spouse; (4) the requesting spouse had no knowledge or reason to know that the liability would not be paid;3 and (5) the nonrequesting spouse has a legal obligation pursuant to a 2 Notice 98-61, 1998-2 C.B. 756, was effective during the period in which petitioner filed his request for relief and respondent issued the determination letter. Notice 98-61 was modified and superseded by Rev. Proc. 2000-15, 2000-1 C.B. 447, effective Jan. 18, 2000. However, the two releases do not differ materially with respect to the factors pertinent to this case. 3 Although not listed as a factor favoring relief in Notice 98-61, this factor is so listed in Rev. Proc. 2000-15.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