Curtis Earl Moore - Page 11

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          section 6015(f) and are outlined in Rev. Proc. 2000-15, 2000-1              
          C.B. 447.4  Alt v. Commissioner, 119 T.C. at 316.  The factors              
          weighing in favor of relief are as follows:  (a) Petitioner was             
          divorced from Ms. Moore, (b) as more fully discussed with respect           
          to section 6015(b)(1)(C) above, petitioner did not know or have             
          reason to know of the understatement, (c) there is nothing in the           
          record indicating that Ms. Moore had a legal obligation to pay              
          the outstanding tax liability, and (d) the items giving rise to             
          the deficiency–-that is, the Schedule C deductions--are                     
          attributable solely to Ms. Moore.  These factors weighing in                
          favor of relief have either been satisfied by petitioner or have            
          a neutral effect.  See Rosenthal v. Commissioner, T.C. Memo.                
          2004-89.  Accordingly, we conclude that it is inequitable under             
          section 6015(b)(1)(D) to hold petitioner liable for the                     
          deficiency, to the extent that it relates to the Schedule C                 
          deductions and the resulting adjustment of $2,444 to the self-              
          employment tax.                                                             



               4  The Commissioner prescribed procedures in Rev. Proc.                
          2000-15, 2000-1 C.B. 447, to be used in determining whether an              
          individual qualifies for relief under sec. 6015(f).  The revenue            
          procedure takes into account factors such as marital status,                
          economic hardship, and significant benefit in determining whether           
          relief will be granted under sec. 6015(f).  Rev. Proc. 2000-15,             
          sec. 4.03, 2000-1 C.B. at 448.  We note, however, that this                 
          revenue procedure has been superseded by Rev. Proc. 2003-61,                
          2003-32 I.R.B. 296, which is effective for requests for relief              
          made after Nov. 1, 2003.                                                    





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