- 9 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011