- 17 - equitable relief. See Rev. Proc. 2000-15, 2000—1 C.B. 447.11 Petitioner takes no exception to respondent’s use of these guidelines to decide whether she qualifies for equitable relief. Under these guidelines, a taxpayer such as petitioner must meet seven threshold conditions before the Commissioner will consider her request for equitable relief. See Rev. Proc. 2000-15, sec. 4.01, 2000-1 C.B. at 448. Respondent concedes that petitioner has met these conditions. Rev. Proc. 2000-15, sec. 4.02, 2000-1 C.B. at 448, lists the circumstances in which the Commissioner will ordinarily grant equitable relief as to unpaid liabilities reported on a joint return. Those circumstances are: (a) At the time relief is requested, the requesting spouse is no longer married to, or is legally separated from, the nonrequesting spouse, or has not been a member of the same household as the nonrequesting spouse at any time during the 12-month period ending on the date relief was requested; (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 requesting spouse to believe that the nonrequesting spouse would pay the reported liability. * * *; and 11 Rev. Proc. 2000-15, 2000-1 C.B. 447, has been superseded by Rev. Proc. 2003-61, 2003-32 I.R.B. 296, effective for requests for relief filed on or after Nov. 1, 2003, and for requests for such relief which were pending on, and for which no preliminary determination letter had been issued as of, that date. Given that Appeals in this case issued the notice of determination to petitioner on Aug. 21, 2002, we conclude that this case is controlled by Rev. Proc. 2000-15, supra.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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