- 23 - 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.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 NextLast modified: November 10, 2007