Wendlyn H. Albin - Page 17

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          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 Proc. 2000-15, 2000-1 C.B. 447, has been superseded            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.                                    





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