Philip Cullen - Page 13

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               As discussed above, petitioner satisfies the requirement of            
          section 6015(f)(2) that relief is not available under subsection            
          (b) or (c).  We turn then to the equitable test of section                  
          6015(f)(1).                                                                 
               Pursuant to the authority granted in section 6015(f),                  
          respondent has prescribed “procedures” to use in determining                
          whether a spouse qualifies for relief under section 6015(f).  The           
          factors listed in those procedures have been applied by this                
          Court.  Washington v. Commissioner, 120 T.C. 137, 147-152 (2003).           
          At the time that petitioner filed his petition, March 25, 2003,             
          those procedures were found in Rev. Proc. 2000-15, 2000-1 C.B.              
          447.3  Rev. Proc. 2000-15, sec. 4.01, 2000-1 C.B. at 448, lists             
          seven threshold conditions that must be satisfied before                    
          respondent will consider a request for relief under section                 
          6015(f).  The threshold conditions are as follows:                          
                    (1) The requesting spouse filed a joint return for                
               the taxable year for which relief is sought;                           
                    (2) Relief is not available to the requesting                     
               spouse under [section] 6015(b) or 6015(c);                             

               3 Respondent’s determination was subject to Rev. Proc. 2000-           
          15, 2000-1 C.B. 447, because it was in effect when respondent’s             
          Appeals officer evaluated petitioner’s request and when                     
          respondent issued the notice of determination.  Rev. Proc. 2000-            
          15, supra, superseded Notice 98-61, 1998-2 C.B. 756, effective              
          Jan. 18, 2000.  Rev. Proc. 2003-61, 2003-32 I.R.B. 296 (Aug. 11,            
          2003), superseded Rev. Proc. 2000-15, 2000-1 C.B. 447, for                  
          requests for relief under sec. 6015(f) pending on Nov. 1, 2003,             
          for which no preliminary determination letter had been issued as            
          of that date, and for requests for relief filed on or after that            
          date.                                                                       





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