- 41 - relief for 1996, we consider whether she is entitled to equitable relief for that year. As directed by section 6015(f), the Commissioner has prescribed guidelines under which a taxpayer may qualify for equitable relief. See Rev. Proc. 2003-61, 2003-2 C.B. 296.9 Under these guidelines, a taxpayer such as petitioner must meet seven threshold conditions before the Commissioner will consider her request for equitable relief. See id., sec. 4.01, 2003-2 C.B. at 297. One of these conditions is that the requesting spouse not have filed the joint return with fraudulent intent. Id., sec. 4.01(6), 2003-2 C.B. at 297; cf. Rev. Proc. 2000-15, sec. 4.01(7), 2000-1 C.B. 447, 448 (same condition). Because we find that petitioner did file her 1996 return with fraudulent intent, we conclude that she does not qualify for equitable relief. 9 Rev. Proc. 2003-61, 2003-2 C.B. 296, superseded Rev. Proc. 2000-15, 2000-1 C.B. 447, effective for requests for relief filed on or after Nov. 1, 2003, and for requests for such relief which were pending on, and for which no preliminary determination letter had been issued as of, that date. In that petitioner claimed in her petition that she qualified for relief under sec. 6015 and that claim was still pending on Nov. 1, 2003, we conclude that this case is controlled by Rev. Proc. 2003-61, supra. We note, however, that our result would be the same under either of these revenue procedures.Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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