Catherine Rosenthal - Page 13

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               There is no dispute that petitioner meets the remaining six            
          eligibility requirements of Rev. Proc. 2000-15, section 4.01.               
          Therefore, we find that petitioner is eligible to seek relief               
          under section 6015(f).                                                      
          IV.  Petitioner’s Entitlement To Equitable Relief Under Section             
               6015(f)                                                                
               A.  Factors for Determining Whether To Grant Equitable                 
               Relief Under Section 6015(f)                                           
               Rev. Proc. 2000-15, section 4.03, 2000-1 C.B. at 448                   
          provides in pertinent part:                                                 
               The Secretary may grant equitable relief under section                 
               6015(f) * * * if, taking into account all the facts and                
               circumstances, it is inequitable to hold the requesting                
               spouse liable for all or any part of the * * *                         
               liability * * *.                                                       
          Rev. Proc. 2000-15, section 4.03, further provides “a partial               
          list of positive and negative factors that will be taken into               
          account” in determining the appropriate relief under section                


               6(...continued)                                                        
          used to make the payment for which he or she seeks a refund”.  It           
          also must be shown that the payments were not made with the joint           
          return and were not joint payments or payments that the                     
          nonrequesting spouse made.  Therefore, it appears that petitioner           
          would be eligible to seek a refund of her tax payment under Rev.            
          Proc. 2003-61, were it applicable.  It further appears that, on             
          the basis of our conclusion in Washington v. Commissioner, 120              
          T.C. 137, 158-159 (2003), that the term “unpaid tax” in sec.                
          6015(f)(1) refers to tax reported on a return but not paid with             
          the return rather than to amounts remaining unpaid when sec.                
          6015(f) relief is requested, respondent has abandoned the window            
          period requirement of sec. 4.01 of Rev. Proc. 2000-15, even for             
          tax years covered by that revenue procedure.  See Ziegler v.                
          Commissioner, T.C. Memo. 2003-282.                                          





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