Christine Ann Elliott - Page 10




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          Commissioner, 118 T.C. 106, 125 (2002), affd. 353 F.3d 1181 (10th           
          Cir. 2003).                                                                 
               As directed by section 6015(f), the Commissioner has                   
          prescribed guidelines for determining whether a spouse qualifies            
          for relief under subsection (f).  The applicable provisions are             
          found in Rev. Proc. 2003-61, 2003-2 C.B. 296, modifying Rev.                
          Proc. 2000-15, 2000-1 C.B. 447.  According to Rev. Proc. 2003-61,           
          sec. 4.01, 2003-2 C.B. at 297 of the guideline, the requesting              
          spouse must satisfy seven conditions (threshold conditions)                 
          before the Commissioner will consider a request for relief under            
          section 6015(f).  The threshold conditions of this section are              
          stated in the conjunctive, and each condition must be satisfied             
          to be eligible to submit a request for equitable relief under               
          section 6015(f).  Id.                                                       
               Under Rev. Proc. 2003-61, sec. 4.01(7), the income tax                 
          liability from which the requesting spouse seeks relief must be             
          attributable to an item of the individual with whom the                     
          requesting spouse filed the joint return, unless one of four                
          stated exceptions applies.  The only exception relevant to                  
          petitioner’s case applies if the requesting spouse establishes              
          that he or she was the victim of abuse prior to the time the                
          return was signed, and that fear of retaliation prevented the               
          requesting spouse from challenging the treatment of items on the            
          return.  Rev. Proc. 2003-61, sec. 4.01(7)(d), 2003-2 C.B. at 298.           







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