Russell Whiting Packer - Page 10

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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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