- 8 - Before the Commissioner will consider a taxpayer’s request for relief under section 6015(f), the taxpayer must satisfy seven threshold conditions listed in Rev. Proc. 2000-15, sec. 4.01, 2000-1 C.B. at 448. Respondent concedes that petitioner satisfies these conditions. A. Revenue Procedure 2000-15, Section 4.02 Rev. Proc. 2000-15, sec. 4.02(1), 2000-1 C.B. at 448, provides that equitable relief will ordinarily be granted as to unpaid liabilities if the seven threshold conditions and each of the following three elements are satisfied: (a) At the time relief is requested, the requesting spouse is no longer married to * * * the nonrequesting spouse * * *; (b) At the time the return was signed, the requesting spouse had no knowledge or reason to know that the tax would not be paid. The requesting spouse must establish that it was reasonable for the requesting spouse to believe that the nonrequesting spouse would pay the reported liability. * * *; and (c) The requesting spouse will suffer economic hardship if relief is not granted. * * * Relief under Rev. Proc. 2000-15, sec. 4.02 is only available, however, to the extent that the unpaid liability is allocable to the nonrequesting spouse. Rev. Proc. 2000-15, sec. 4.02(2)(b). Respondent concedes that petitioner satisfied the first element because she was divorced from Mr. Cowdery at the time she requested relief. The parties, however, dispute whether petitioner satisfied the second and third elements.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011