Davis and Lois Etkin - Page 27

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        Commissioner will consider a request for equitable relief under               
        section 6015(f).  Those conditions are:                                       
             (1) The requesting spouse filed a joint return for the                   
        taxable year for which relief is sought;                                      
             (2) relief is not available to the requesting spouse under               
        section 6015(b) or (c);                                                       
             (3) the requesting spouse applies for relief no later than 2             
        years after the date of the Commissioner’s first collection                   
        activity after July 22, 1998;                                                 
             (4) the liability remains unpaid;                                        
             (5) no assets were transferred between the spouses as part               
        of a fraudulent scheme;                                                       
             (6) there were no disqualified assets transferred to the                 
        requesting spouse by the nonrequesting spouse; and                            
             (7) the requesting spouse did not file the return with                   
        fraudulent intent.                                                            
             Respondent concedes that threshold conditions (1), (2), (3),             
        (4), and (7) have been met.  However, respondent contends that                
        Lois Etkin does not satisfy threshold conditions (5) and (6)                  
        because Davis Etkin added Lois Etkin to the deed for his house,               
        and he transferred a car and a boat to Lois Etkin after they                  
        became delinquent in paying taxes.  Respondent contends that the              
        addition of Lois Etkin’s name to the deed for their marital                   
        residence within the 2 years preceding March 28, 2001, and the                






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