- 18 - 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.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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