Suzanne E. Barrera, a.k.a. Suzanne E. Battle - Page 24




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          Commissioner, T.C. Memo. 2005-9.  Petitioner’s testimony                    
          indicates that she was not aware of her right to request relief             
          under section 6015 until her husband presented her with Form 8857           
          to sign in September 2002.  In addition, respondent did not deny            
          petitioner’s request for relief for taxable year 1998 based upon            
          the 2-year time limit but instead appears to have evaluated                 
          petitioner’s request under the list of factors provided in Rev.             
          Proc. 2000-15, secs. 4.02 and 4.03, 2000-1 C.B. at 448-449.                 
          Under these circumstances, we do not find it necessary to decide            
          whether the 2-year limitation period bars petitioner’s request              
          for relief for taxable year 1998.13   Accordingly, we include               
          that year in our determination of the appropriate relief                    
          available to petitioner under section 6015(f).                              
               If a requesting spouse has satisfied the seven threshold               
          conditions of Rev. Proc. 2000-15, sec. 4.01, 2000-1 C.B. at 448,            
          then Rev. Proc. 2000-15, sec. 4.02, provides that, in cases where           
          a liability reported on a joint return is unpaid, relief under              
          section 6015(f) will ordinarily be granted where all of the                 
          following elements are satisfied:  (1) At the time relief is                
          requested, the requesting spouse is no longer married to, or is             

               13   We also note that respondent granted petitioner relief            
          under sec. 6015(c) for taxable year 1995, which petitioner                  
          requested in her Form 8857 filed on Sept. 13, 2002, even though             
          respondent’s Form 4340 for that year, dated May 5, 2004,                    
          indicates that a collection notice for the 1995 liability was               
          issued on Oct. 14, 1999, which was similarly more than 2 years              
          before the date petitioner filed her Form 8857.                             





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