Dwan A. Thomas - Page 9

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               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          superseded by Rev.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.                         





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