- 10 - 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 We note, however, that this revenue procedure has been superseded by Rev.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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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