- 12 - basis for the unreported income, and she cannot rely on ignorance of the law for relief from liability. Mitchell v. Commissioner, 292 F.3d 800, 805 (D.C. Cir. 2002), affg. T.C. Memo. 2000-332. C. Section 6015(f) Therefore, the only remaining opportunity for relief available to petitioner is section 6015(f). Section 6015(f) provides as follows: SEC. 6015(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. As directed by section 6015(f), the Commissioner has prescribed guidelines in Rev. Proc. 2000-15, 2000-1 C.B. 447,3 to be considered in determining whether an individual qualifies for relief under section 6015(f). Rev. Proc. 2000-15, sec. 4.01, 2000-1 C.B. at 448, lists threshold conditions which must be 3This revenue procedure was superseded by Rev. Proc. 2003- 61, 2003-2 C.B. 296. Rev. Proc. 2003-61, 2003-2 C.B. 296, is effective either for requests for relief filed on or after Nov. 1, 2003, or for requests for which no preliminary determination letter was issued as of Nov. 1, 2003. In the present case, the request for relief was filed on June 3, 2002, and the preliminary determination letter was issued on Feb. 25, 2003; therefore, Rev. Proc. 2000-15, 2000-1 C.B. 447 is applicable in the present situation.Page: 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