Ingrid Capehart - Page 31

                                       - 31 -                                         
          Commissioner will consider a request for relief under section               
          6015(f).  Respondent concedes that petitioner satisfied the seven           
          threshold conditions.                                                       
               Rev. Proc. 2000-15, sec. 4.03, 2000-1 C.B. at 448, provides            
          that, in cases where the threshold conditions set forth in Rev.             
          Proc. 2000-15, sec. 4.01 have been satisfied but the requesting             
          spouse does not qualify for relief under Rev. Proc. 2000-15, sec.           
          4.02,15 2000-1 C.B. at 448, equitable relief may be granted under           
          section 6015(f) if, taking into account all facts and                       
          circumstances, it is inequitable to hold the requesting spouse              
          liable.  Rev. Proc. 2000-15, sec. 4.03 (1) and (2), 2000-1 C.B.             
          at 448-449, contains a list of positive and negative factors that           
          the Commissioner must take into account in determining, on the              
          facts and circumstances, whether to grant equitable relief under            
          section 6015(f).  As Rev. Proc. 2000-15, sec. 4.03 makes clear,             
          no single factor is determinative in any particular case, all               
          factors are to be considered and weighed appropriately, and the             
          listing of factors is not intended to be exhaustive.  See also              
          Washington v. Commissioner, supra at 148; Jonson v. Commissioner,           
          supra at 125.                                                               


               15Rev. Proc. 2000-15, sec. 4.02, 2000-1 C.B. 447, 448, lists           
          the circumstances under which equitable relief under sec. 6015(f)           
          will ordinarily be granted in cases where a liability reported on           
          a joint return is unpaid.  Because this case involves                       
          deficiencies, and not unpaid liabilities reported on joint                  
          returns, Rev. Proc. 2000-15, sec. 4.02, 2000-1 C.B. at 448, does            
          not apply.  See Mellen v. Commissioner, T.C. Memo. 2002-280.                





Page:  Previous  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  Next

Last modified: May 25, 2011