Webber Douglas Gilmer, Petitioner, and Minnie Payton, Intervenor - Page 10




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          part, that a taxpayer may be relieved from joint and several                
          liability if it is determined that, taking into account all the             
          facts and circumstances, it is inequitable to hold the taxpayer             
          liable for the unpaid tax and relief is not available under                 
          section 6015(b) or (c).                                                     
               As directed by section 6015(f), the Commissioner has                   
          prescribed guidelines in Rev. Proc. 2003-61, 2003-2 C.B. 296,               
          modifying Rev. Proc. 2000-15, 2000-1 C.B. 447, that are to be               
          used in determining whether it is inequitable to hold a                     
          requesting spouse liable for all or part of the deficiency.2                
          Rev. Proc. 2003-61, sec. 4.01, 2003-2 C.B. at 297, provides the             
          following seven threshold conditions that must be satisfied                 
          before a request for relief will be considered: (1) The                     
          requesting spouse filed a joint return for the year for which               
          relief is sought; (2) relief is not available under section                 
          6015(b) or (c); (3) the application for relief is made no later             
          that 2 years after the date of the Commissioner’s first                     
          collection activity; (4) no assets were transferred between                 
          spouses as part of a fraudulent scheme; (5) the nonrequesting               
          spouse did not transfer disqualifying assets to the requesting              

               2Rev. Proc. 2000-15, 2000-1 C.B. 447, was superseded by Rev.           
          Proc. 2003-61, 2003-2 C.B. 296, and is effective as to requests             
          for relief filed on or after Nov. 1, 2003, and for requests for             
          relief pending on Nov. 1, 2003, as to which no preliminary                  
          determination letter had been issued as of that date.                       
          Petitioner’s application for relief was filed after Nov. 1, 2003,           
          on July 11, 2005.                                                           






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