Ana Maria Rodriguez - Page 10

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               Once the seven threshold conditions are satisfied, Rev.                
          Proc. 2003-61, sec. 4.03,4 provides factors to consider in                  
          determining whether to grant equitable relief.  Petitioner                  
          satisfies the threshold provisions; therefore, we consider the              
          factors in Rev. Proc. 2003-61, sec. 4.03(2)(a) and (b) to decide            
          whether respondent abused his discretion in denying equitable               
          relief under section 6015(f).                                               
          Rev. Proc. 2003-61, Sec. 4.03(2)(a)                                         
               (i) Marital status.  This factor weighs in favor of relief             
          if the requesting spouse and the nonrequesting spouse are                   
          divorced, legally separated, or living apart.  Petitioner and Mr.           
          Rodriguez are married but have maintained separate households               
          since November 2000.  This factor weighs in favor of granting               
          relief to petitioner.                                                       
               (ii) Economic hardship.  A taxpayer might experience                   
          economic hardship if he or she is unable to pay basic reasonable            
          living expenses.  Sec. 301.6343-1(b)(4)(i), Proced. & Admin.                
          Regs.  It is the taxpayer’s burden to show both that the expenses           
          qualify and that the expenses are reasonable.  Monsour v.                   
          Commissioner, T.C. Memo. 2004-190.  Petitioner has provided no              
          evidence that she would be unable to pay basic living expenses if           
          she is held liable for the deficiency.  There is no evidence that           


               4  We need not consider Rev. Proc. 2003-61, sec. 4.02, 2003-           
          2 C.B. at 298, since that section relates to “underpayments”.               





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