Marilyn Stringham, a.k.a. Marilyn Olsen, Petitioner, and Forrest Bird, Intervenor - Page 11

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          seven conditions (threshold conditions) before the Commissioner             
          will consider a request for relief under section 6015(f).  Rev.             
          Proc. 2003-61, supra.  Respondent agrees that petitioner has                
          satisfied those threshold conditions.                                       
               Where, as here, the requesting spouse satisfies the                    
          threshold conditions, Rev. Proc. 2003-61, sec. 4.03, 2003-2 C.B.            
          at 298,5 lists factors to be considered in determining whether to           
          grant equitable relief.  Therefore, the Court considers the                 
          factors in Rev. Proc. 2003-61, sec. 4.03(2)(a) and (b), in                  
          determining whether respondent abused his discretion in denying             
          equitable relief under section 6015(f).                                     
               In this case, petitioner satisfies only one of the factors             
          listed in the revenue procedure.  Petitioner divorced intervenor            
          in 2003; therefore, she satisfies the first factor. With respect            
          to the second factor, petitioner must show that she would be                
          unable to pay basic reasonable living expenses if relief were not           
          granted.  Monsour v. Commissioner, T.C. Memo. 2004-190.  Being              
          unable to pay basic reasonable living expenses would amount to              
          economic hardship.  Sec. 301.6343-1(b)(4)(i), Proced. & Admin.              

               4(...continued)                                                        
          for requests for relief pending on Nov. 1, 2003, as to which no             
          preliminary determination letter had been issued as of that date.           
          Petitioner’s application for relief was filed after Nov. 1, 2003,           
          on Feb. 3, 2004.                                                            
               5The Court 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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