William G. Applegate - Page 13

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          Respondent does not dispute that Ms. Wang has satisfied those               
          threshold conditions.                                                       
               Where the requesting spouse satisfies the threshold                    
          conditions set forth in Rev. Proc. 2000-15, sec. 4.01, Rev. Proc.           
          2000-15, sec. 4.02 sets forth the circumstances under which the             
          Commissioner will ordinarily grant relief to that spouse under              
          section 6015(f).  Ms. Wang was still married to Mr. Applegate at            
          the time she filed the claim for relief and thus has failed to              
          satisfy all of the elements of Rev. Proc. 2000-15, sec. 4.02 and            
          does not qualify for relief under that section.                             
               Where, as here, the requesting spouse fails to qualify for             
          relief under Rev. Proc. 2000-15, sec. 4.02, the Commissioner may            
          nonetheless grant the requesting spouse relief under Rev. Proc.             
          2000-15, sec. 4.03.  Rev. Proc. 2000-15, sec. 4.03(1) and (2), at           
          2000-1 C.B. 448, sets forth six positive and six negative factors           
          that are to be considered in determining whether to grant relief.           
          The revenue procedure makes clear that no single factor is to be            
          determinative in any particular case, that all factors are to be            
          considered and weighed appropriately, and that the list of                  
          factors is not intended to be exhaustive.                                   
               The sole factor weighing in favor of granting relief for Ms.           
          Wang is that the items giving rise to the deficiency--the                   
          Schedule A employee business expense deductions--are attributable           
          solely to Mr. Applegate.  There are, however, several factors               






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