- 8 - Commissioner should take “into account all the facts and circumstances,” which means that his determination rarely depends on any one factor. See sec. 6015(f); Rev. Proc. 2000-15, sec. 4.03, 2000-1 C.B. at 448. To guide IRS employees in exercising their discretion, the Commissioner has issued revenue procedures that list the factors they should consider.2 We also use the revenue procedure when we determine whether the Commissioner abused his discretion. See, e.g., Washington v. Commissioner, 120 T.C. 137, 147-52 (2003); Jonson v. Commissioner, 118 T.C. at 125-26. The revenue procedure begins with a list of seven conditions for equitable relief that a taxpayer must meet. Rev. Proc. 2000- 15, sec. 4.01, 2000-1 C.B. at 448. Both parties agree that David met all of these threshold conditions. The procedure also has a safe harbor--three conditions that, if met, will ordinarily trigger a grant of relief. Rev. Proc. 2000-15, sec. 4.02, 2000-1 C.B. at 448. David does not qualify for this safe harbor, though, because one of the three conditions is that a requesting spouse be divorced or separated from the nonrequesting spouse, 2 The procedure in effect when David filed his request for relief was Revenue Procedure 2000-15, 2000-1 C.B. at 447. It has since been replaced by Revenue Procedure 2003-61, 2003-2 C.B. at 296, but the new procedure applies only to requests for relief filed on or after November 1, 2003 or those pending on November 1, 2003, for which no preliminary determination letter has been issued as of November 1, 2003. Rev. Proc. 2003-61, sec. 7, 2003- 2 C.B. at 299.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007