- 20 - Sec. 6015(f) Relief As explained, whatever interest in MGI petitioner may have held was only as a nominee, and none of the MGI income should be attributed to her. Rev. Proc. 2003-61, sec. 4.01(7)(b). Petitioner is potentially eligible for section 6015(f) equitable relief from the entire $17,516 underpayment. As respondent acknowledges, most of the equitable factors set forth in Rev. Proc. 2003-61, supra, support the relief petitioner requests under section 6015(f): (1) Petitioner and John are divorced; (2) under the divorce decree, John had a legal obligation to pay the 1995 unpaid Federal income taxes and any penalties and interest relating thereto; (3) petitioner did not receive a significant benefit (beyond support) from the unpaid underpayment; and (4) petitioner has complied with the income tax laws in the years following 1995. Three remaining factors require further analysis. (1) Economic Hardship A requesting spouse will be regarded as suffering economic hardship if the requesting spouse, if not granted relief, will be unable to pay his or her reasonable basic living expenses. Rev. Proc. 2003-61, sec. 4.02(1)(c), 2003-2 C.B. at 298, sec. 4.03(2)(a)(ii). Respondent determined, and we agree, that it appears that petitioner will not suffer economic hardship if relief is notPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011