Cynthia K. Beatty - Page 31




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          2003-61 that support our finding.                                           
               With respect to the marital status factor set forth in                 
          section 4.03(2)(a)(i) of that revenue procedure, the parties                
          agree on brief that that factor is neutral.                                 
               However, the notice of determination stated in pertinent               
          part:                                                                       
               Divorced, separated or living apart for at least 12                    
               months when claim is filed                                             
               This condition is not met.  Mr. & Mrs. Beatty are not                  
               divorced or separated.  They lived together during the                 
               years under consideration and are still living to-                     
               gether. * * *                                                          
               As we understand it, the Appeals Office concluded in the               
          notice of determination that the marital status factor weighed              
          against granting petitioner relief under section 6015(f).  We               
          reject that conclusion as unfounded.  We agree with the parties’            
          position on brief, and we find, that the marital status factor is           
          neutral.                                                                    
               With respect to the economic hardship factor set forth in              
          section 4.03(2)(a)(ii) of Revenue Procedure 2003-61,5 petitioner            

               5In determining whether a requesting spouse will suffer                
          economic hardship, sec. 4.02(1)(c) of Revenue Procedure 2003-61,            
          to which sec. 4.03(2)(a)(ii) of that revenue procedure refers,              
          requires reliance on rules similar to those provided in sec.                
          301.6343-1(b)(4), Proced. & Admin. Regs.  Sec. 301.6343-1(b)(4),            
          Proced. & Admin. Regs., generally provides that an individual               
          suffers an economic hardship if the individual is unable to pay             
          his or her reasonable basic living expenses.  Sec. 301.6343-                
          1(b)(4), Proced. & Admin. Regs., provides, in pertinent part:               
                                                              (continued...)          





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