Dorothy Ann Magee - Page 18

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          to hold the individual liable for any unpaid tax”.  Sec.                    
          6015(f)(1).  Rev. Proc. 2003-61, sec. 4.01, 2003-2 C.B. at 29716            
          lists seven threshold conditions that petitioner must satisfy in            
          order for respondent to consider a request for relief under                 
          section 6015(f).  The threshold conditions are as follows:                  
               (1) The requesting spouse filed a joint return for the                 
               taxable year for which he or she seeks relief.                         
               (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 two years after the date of the Service’s first                   
               collection activity after July 22, 1998, with respect                  
               to the requesting spouse * * *.                                        
               (4) No assets were transferred between the spouses as                  
               part of a fraudulent scheme by the spouses.                            
               (5) The nonrequesting spouse did not transfer                          
               disqualified assets to the requesting spouse.* * *                     
               (6) The requesting spouse did not file or fail to file                 
               the return with fraudulent intent.                                     
               (7) The income tax liability from which the requesting                 
               spouse seeks relief is attributable to an item of the                  
               individual with whom the requesting spouse filed the                   
               joint return (the “nonrequesting spouse”), unless one                  
               of the following exceptions applies:[17]                               
                    (a) Attribution solely due to the operation of                    
                    community property law. * * *                                     
                    (b) Nominal ownership. * * *                                      
                    (c) Misappropriation of funds. * * *                              
                    (d) Abuse not amounting to duress. * * *                          


               16 Rev. Proc. 2003-61, 2003-2 C.B. 296, supersedes Rev.                
          Proc. 2000-15, 2000-1 C.B. 447. Rev. Proc. 2003-61, supra, and is           
          effective for requests for relief filed on or after Nov. 1, 2003,           
          and for requests for relief pending as of Nov. 1, 2003, for which           
          no preliminary determination letter had been issued as of Nov. 1,           
          2003.  The record does not indicate that respondent issued                  
          petitioner a preliminary determination letter on or before Nov.             
          1, 2003; therefore, Rev. Proc. 2003-61 applies in this case.                
               17 Petitioner and Mr. Magee’s 1996 joint tax return reflects           
          estimated taxes paid by Mr. Magee.  However, this amount was not            
          sufficient to cover all of his tax liability, much less any of              
          petitioner’s tax liability.                                                 



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