Letantia Bussell - Page 41

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          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 Proc. 2003-61, 2003-2 C.B. 296, superseded Rev.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.                                         




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