- 6 - The Commissioner will not grant relief unless the taxpayer meets seven threshold conditions:4 (1) The requesting spouse filed a joint return for the taxable year for which 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 2 years after the date of the Service’s first collection activity; (4) no assets were transferred between the spouses as part of a fraudulent scheme; (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; and (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. Rev. Proc. 2003-61, sec. 4.01, 2003-2 C.B. 296, 297. Respondent concedes that petitioner meets these conditions. Rev. Proc. 2003-61, sec. 4.03, 2003-2 C.B. at 298, lists several factors the Commissioner considers in determining whether a requesting spouse is eligible for relief under section 6015(f) and states that no single factor determines whether a taxpayer qualifies for relief. All relevant facts and circumstances are to be considered. Sec. 6015(f)(1); Rev. Proc. 2003-61, sec. 4 Rev. Proc. 2003-61, 2003-2 C.B. 296, applies here because petitioner requested relief under sec. 6015(f) after Nov. 1, 2003; i.e., on Sept. 30, 2004. Id. sec. 7, 2003-2 C.B. at 299.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011