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section.1 Rev. Proc. 2003-61, sec. 4.01, 2003-2 C.B. 296, 297,
sets forth seven threshold conditions that must be satisfied
before the Commissioner will consider a request for equitable
relief under section 6015(f). Respondent concedes that
petitioner has satisfied the threshold conditions.
A requesting spouse who satisfies all of the applicable
threshold conditions may be relieved of all or part of the
liability under section 6015(f), if, taking into account all the
facts and circumstances, the Internal Revenue Service determines
that it would be inequitable to hold the requesting spouse liable
for the income tax liability. Rev. Proc. 2003-61, sec. 4.01, at
297. Rev. Proc. 2003-61, sec. 4.03(2), 2003-2 C.B. at 298,2 sets
forth a nonexclusive list of factors that the Commissioner will
consider in determining whether, taking into account all the
facts and circumstances, it is inequitable to hold the requesting
spouse liable for all or part of the deficiency. No single
factor will determine whether equitable relief will be granted in
1Rev. Proc. 2003-61, 2003-2 C.B. 296, supersedes Rev. Proc.
2000-15, 2000-1 C.B. 447. The guidelines set forth in Rev. Proc.
2003-61, supra, are effective for requests for relief filed on or
after Nov. 1, 2003, and for requests for relief pending as of
Nov. 1, 2003, for which no preliminary determination letter has
been issued as of Nov. 1, 2003. Rev. Proc. 2003-61, sec. 7,
2003-2 C.B. at 299. Although petitioner filed his request for
relief prior to Nov. 1, 2003, Rev. Proc. 2003-61, supra, applies
in this case, because respondent had not issued a preliminary
determination letter on or before Nov. 1, 2003.
2Rev. Proc. 2003-61, sec. 4.03 applies to a spouse who meets
the threshold conditions of sec. 4.01, but not sec. 4.02.
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