- 11 - any deficiency (or any portion of either); and (2) relief is not available to such individual under subsection (b) or (c), the Secretary may relieve such individual of such liability. For the reasons stated above, petitioner satisfies the requirement of section 6015(f)(2) that relief not be available under subsection (b) or (c). Moreover, the absence of a deficiency does not deprive us of jurisdiction over petitioner’s claim for equitable relief under section 6015(f). See Ewing v. Commissioner, supra at 506-507. Nor, for the reasons discussed in the next section, is equitable relief under section 6015(f) precluded by the absence of an unpaid tax liability. B. Eligibility Requirements of Rev. Proc. 2000-15 Pursuant to his authority, under section 6015(f), to prescribe “procedures” for granting equitable relief pursuant to that provision, respondent issued Notice 98-61, 1998-2 C.B. 756, which provided interim guidance for taxpayers seeking equitable relief from joint and several liability. Notice 98-61 was superseded by Rev. Proc. 2000-15, 2000-1 C.B. 447, effective January 18, 2000, which, in turn, was superseded by Rev. Proc. 2003-61, 2003-32 I.R.B. 296, effective for requests for relief filed on or after November 1, 2003, and for requests for relief pending on November 1, 2003, for which no preliminary determination letter had been issued as of that date.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011