Cheryl Kunsman - Page 13




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               In Rev. Proc. 2003-61, 2003-2 C.B. 296, respondent has                 
          prescribed guidelines for the evaluation of requests for relief             
          from joint or several liability under section 6015(f).8                     
          Respondent does not contest that petitioner meets the seven                 
          threshold conditions of Rev. Proc. 2003-61, sec. 4.01, 2003-2               
          C.B. at 297.                                                                
               Where a liability is reported on a joint return, but is not            
          paid, Rev. Proc. 2003-61, sec. 4.02, 2003-2 C.B. at 298, provides           
          circumstances under which the Commissioner ordinarily will grant            
          relief.  The additional tax under section 72(t) in this case was            
          not reported on the joint return.  Therefore, Rev. Proc. 2003-61,           
          sec. 4.02, does not apply.                                                  
               Rev. Proc. 2003-61, sec. 4.03, 2003-2 C.B. at 298, provides            
          a nonexclusive list of factors respondent considers in evaluating           
          whether it would be inequitable to hold petitioner liable for all           
          or part of an unpaid income tax liability or deficiency.  The               
          factors respondent considered are:                                          




               8 Rev. Proc. 2003-61, 2003-2 C.B. 296, supersedes Rev. Proc.           
          2000-15, 2000-1 C.B. 447, and is effective for requests for                 
          relief filed on or after Nov. 1, 2003, and for requests pending             
          as of Nov. 1, 2003, for which no preliminary determination letter           
          had been issued as of Nov. 1, 2003.  In this case, petitioner               
          filed Form 8857, Request for Innocent Spouse Relief, in August              
          2003, and the initial denial occurred during or after April 2004.           
          As no preliminary determination letter had been issued as of Nov.           
          1, 2003, Rev. Proc. 2003-61 guides respondent’s analysis of                 
          petitioner’s request.                                                       






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