- 13 - is attributable solely to the underpayment of tax upon filing the tax return, plus interest and penalties. IRC � 6015(f) IRC � 6015(f) provides the IRS with the discretion to grant equitable relief where a taxpayer is not entitled to relief under either IRC � 6015(b) or (c). Equitable relief under IRC section 6015(f), however, is subject to two limitations in accordance with - Revenue Proce- dure 2000-15, 2000-1 CB 447, Section 4.02: If the return has been adjusted to reflect an understatement, relief will be available only to the extent of the liability shown on the return prior to the adjustment, or If no adjustment is made, relief is limited to the extent the unpaid liability is due to the non- requesting spouse. Explanation of IRC � 6015(f) In Revenue Procedure 2000-15, the IRS delineates quali- fications necessary to be granted equitable relief under IRC � 6015(f). Threshold eligibility qualifica- tions are: Joint return filed Timely filed claim for relief Relief not available under other sections of the statute There was no transfer of assets between spouses as part of a fraudulent scheme Return was not filed with fraudulent intent on the part of the requesting spouse Liability remains unpaid No disqualified assets transferred to requesting spouse. If so, relief only available to the ex- tent that the liability exceeds the value of the transferred assets. Nonetheless, under section 4.03 of Revenue Procedure 2000-15, relief is still possible for requesting spouses who meet the threshold eligibility requirements above, but do not otherwise qualify for relief under any other sections. This last relief provision is only available where it would be inequitable to hold the requesting spouse liable for the understatement. UnderPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011