- 30 - Pursuant to section 6015(f), the Commissioner has prescribed guidelines in Rev. Proc. 2000-15, 2000-1 C.B. 447, for determining whether a requesting spouse qualifies for equitable relief under that section.14 In this case, although the notice of determination does not state that respondent utilized the guidelines in Rev. Proc. 2000-15, supra, to make his determination that petitioner is not entitled to relief under section 6015(f), the notice of determination refers to respondent’s analysis of factors, and we assume that respondent’s reference to factors in the notice of determination is to the factors enumerated in Rev. Proc. 2000-15, supra. This Court has upheld the use of the guidelines specified in Rev. Proc. 2000-15, supra, and has analyzed the factors listed in Rev. Proc. 2000-15, supra, in reviewing the Commissioner’s negative determination under section 6015(f). See, e.g., Washington v. Commissioner, 120 T.C. 137, 147-152 (2003); Jonson v. Commissioner, supra at 125-126. Moreover, petitioner has not objected to the use of the guidelines contained in Rev. Proc. 2000-15, supra, and she has addressed the factors in her posttrial briefs. Rev. Proc. 2000-15, sec. 4.01, 2000-1 C.B. at 448, lists seven threshold conditions that must be satisfied before the 14On Aug. 11, 2003, the Commissioner issued Rev. Proc. 2003- 61, 2003-32 I.R.B. 296, which supersedes Rev. Proc. 2000-15, 2001-1 C.B. 447. The new revenue procedure is effective for requests for relief filed on or after Nov. 1, 2003, and, therefore, is inapplicable here.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
Last modified: May 25, 2011