Elsa Estelle Hopkins - Page 10




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          arguments, issues, and other matters that were raised at the                
          administrative hearing or otherwise brought to the attention of             
          the Office of Appeals.  Magana v. Commissioner, 118 T.C. 488,               
          493-494 (2002); sec. 301.6320-1(f)(2), Q&A-F5, Proced. & Admin.             
          Regs.  As stated supra note 5, petitioner raised at the                     
          administrative hearing the same issues and arguments supported by           
          the exhibits submitted after trial.  We do not further address              
          respondent’s argument that our review is limited to the                     
          administrative record.                                                      
               A.  Eligibility for Equitable Relief                                   
               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.  The requesting spouse must                 
          satisfy seven conditions (threshold conditions) before the                  
          Commissioner will consider a request for relief under section               
          6015(f).  Rev. Proc. 2003-61, sec. 4.01, 2003-2 C.B. at 297.  The           


               5(...continued)                                                        
          issue of relief under sec. 6015 at the administrative hearing,              
          and more specifically, she discussed the police reports with                
          regard to her sec. 6015 claim for relief with the Appeals officer           
          and informed him of the reasons she did not pay the tax                     
          liabilities for the years in issue.  See Magana v. Commissioner,            
          118 T.C. 488, 493-494 (2002).  On the basis of the issues                   
          petitioner raised in her administrative hearing, respondent’s               
          objections are overruled, and we consider the additional exhibits           
          in our review of respondent’s determination.                                






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