Margaret A. Durham - Page 4

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               After respondent issued the final notice dated March 27,               
          2002, denying equitable relief under section 6015(f) based upon             
          the 2-year time limit, respondent nevertheless requested that his           
          Appeals Office review petitioner’s request under the                        
          nonexhaustive list of factors of Rev. Proc. 2000-15, sec. 4.03,             
          2000-1 C.B. 447, 448-449.  On November 19, 2003, respondent’s               
          Appeals Office recommended not granting equitable relief under              
          section 6015(f) after concluding the following:                             
                    The fact that she indicates that she is divorced                  
               and the income was due to the non-requesting spouse                    
               does not out weigh [sic] the factors that she knew                     
               there was a balance due when she signed the return, was                
               not forced to sign the joint return, had no filing                     
               requirement since she was a housewife and did not have                 
               to sign her name, knew what she was doing when she                     
               signed the joint return (she wanted to get a deduction                 
               for herself), the lack of economic hardship, no abuse,                 
               in good health, has assets that could be sold to pay                   
               the liability and is 45 years old with no dependents                   
               * * *.                                                                 
               Petitioner contends that she is entitled to relief from                
          joint and several liability under section 6015(b) and (c) and               
          that respondent abused his discretion in denying her equitable              
          relief under section 6015(f) for the 1993 taxable year.                     
          Accordingly, petitioner contends that she is entitled to a refund           
          of the overpayments of her income tax liabilities that respondent           
          used to offset the liability associated with the 1993 joint                 
          return.                                                                     








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