- 7 -
Commissioner will consider a request for equitable relief under
section 6015(f). Respondent concedes that these seven threshold
conditions are satisfied in the present case.
Rev. Proc. 2000-15, sec. 4.02, provides circumstances under
which equitable relief under section 6015(f) will ordinarily be
granted. This section of the revenue procedure only applies to
cases where a liability reported on a joint return is unpaid and
where all three elements of Rev. Proc. 2000-15, sec. 4.02(1),
need to be satisfied. It appears from the record that at least
one of these three elements is not satisfied. Specifically,
petitioner has not shown that she will suffer economic hardship
if relief is not granted. Her debts were discharged in
bankruptcy on May 23, 1997, and petitioner received the proceeds
of Mr. Vuxta’s 401(k) plan after his death on May 4, 2001.
We, therefore, next consider the positive and negative
factors set forth in Rev. Proc. 2000-15, sec. 4.03, in
determining whether to grant relief. Section 4.03 of this
revenue procedure makes clear that no single factor is to be
determinative in any particular case, that all factors are to be
considered and weighed appropriately, and that the list of
factors is not intended to be exhaustive.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011