- 18 - (c) The requesting spouse will suffer economic hardship if relief is not granted. For purposes of this section, the determination of whether a requesting spouse will suffer economic hardship will be made by the Commissioner or the Commissioner’s delegate, and will be based on rules similar to those provided in � 301.6343-1(b)(4) of the Regulations on Procedure and Administration. [Id.] Because this case concerns liabilities for deficiencies, and not unpaid liabilities reported on a joint return, Rev. Proc. 2000-15, sec. 4.02, does not apply. See Mellen v. Commissioner, T.C. Memo. 2002-280.12 Where, as here, the requesting spouse does not qualify for relief under Rev. Proc. 2000-15, sec. 4.02, the Commissioner may still grant that spouse relief under Rev. Proc. 2000-15, sec. 4.03, 2000-1 C.B. at 448. Rev. Proc. 2000-15, sec. 4.03, lists factors which the Commissioner will consider in deciding whether to grant equitable relief. Rev. Proc. 2000-15, sec. 4.03(3)(1), lists the following six positive factors which weigh in favor of granting equitable relief: (a) Marital status. The requesting spouse is separated * * * or divorced from the nonrequesting spouse. (b) Economic hardship. The requesting spouse would suffer economic hardship (within the meaning of section 4.02(1)(c) of this revenue procedure) if relief from the liability is not granted. 12 Petitioner also fails the requirement of this section that she and Albin be either (1) divorced or legally separated at the time of the requested relief or (2) members of different households at any times during the 12-month period before that request.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011