Wendy L. Chadwick - Page 15

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                         (1) taking into account all the facts and                    
                    circumstances, it is inequitable to hold the                      
                    individual liable for any unpaid tax or 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.           
               As directed by section 6015(f), the Commissioner has                   
          prescribed guidelines in Rev. Proc. 2000-15, 2000-1 C.B. 447,2 to           
          be considered in determining whether an individual qualifies for            
          relief under section 6015(f).  Rev. Proc. 2000-15, sec. 4.01,               
          2000-1 C.B. at 448, lists threshold conditions which must be                
          satisfied before the Commissioner will consider a request for               
          relief under section 6015(f).  Respondent concedes that                     
          petitioner meets these threshold conditions for equitable                   
          innocent spouse relief.                                                     
               Rev. Proc. 2000-15, sec. 4.03, 2000-1 C.B. at 448-449, lists           
          nonexclusive factors that the Commissioner will consider in                 
          determining whether, taking into account all the facts and                  
          circumstances, it is inequitable to hold the requesting spouse              
          liable for all or part of the unpaid income tax liability                   

          2This revenue procedure was superseded by Rev. Proc. 2003-                  
          61, 2003-2 C.B. 296.  Rev. Proc. 2003-61, supra, is effective               
          either for requests for relief filed on or after Nov. 1, 2003, or           
          for requests for which no preliminary determination letter was              
          issued as of Nov. 1, 2003.  In the present case, the request for            
          relief was filed on Aug. 6, 2001, and the preliminary                       
          determination letter was issued on Apr. 26, 2002; therefore, Rev.           
          Proc. 2000-15, 2000-1 C.B. 447 is applicable in the present                 
          situation.                                                                  





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