- 8 - SEC. 6015. RELIEF FROM JOINT AND SEVERAL LIABILITY ON JOINT RETURN. * * * * * * * (f) Equitable Relief.--Under procedures prescribed by the Secretary, if–- (1) taking into account all the facts and circumstances, it is inequitable to hold the individual liable for any unpaid tax or any deficiency (or any portion of either); and (2) relief is not available to such individual under subsection (b) or (c), the Secretary may relieve such individual of such liability. Because relief from the 2000 understatement is not available to petitioner under section 6015(b) or (c), she has satisfied one of the two prerequisites for relief under section 6015(f). The other prerequisite is that it is inequitable to hold the individual liable for the unpaid tax, taking into consideration all the facts and circumstances. As contemplated by section 6015(f), the Commissioner has prescribed guidelines in Rev. Proc. 2000-15, sec. 4.02, 2000-1 C.B. 447, 448, to be used in determining whether an individual qualifies for relief under that section.1 Rev. Proc. 2000-15, sec. 4.01, 2000-1 C.B. at 448, 1Respondent’s determination is subject to Rev. Proc. 2000- 15, 2000-1 C.B. 447, which was in effect when respondent evaluated petitioner’s request and when respondent issued the notice of determination. Rev. Proc. 2000-15, supra, has been superseded by Rev. Proc. 2003-61, 2003-32 C.B. 296, effective for requests for relief filed on or after Nov. 1, 2003.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011