- 5 - The requesting spouse bears the burden of proving that there was an abuse of discretion. Cheshire v. Commissioner, 115 T.C. 183, 198 (2000), affd. 282 F.3d 326 (5th Cir. 2002); Abelein v. Commissioner, T.C. Memo. 2004-274. 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 liability for any unpaid tax or deficiency. Respondent, in denying relief to petitioner, applied guidelines found in Rev. Proc. 2000-15, supra, which we will refer to as the superseded guidelines. The superseded guidelines were modified by guidelines found in Rev. Proc. 2003- 61, supra, which we will refer to as the applicable guidelines. The applicable guidelines are effective as to requests for relief filed on or after November 1, 2003, and for requests for relief pending on November 1, 2003, as to which no preliminary determination letter had been issued as of that date. Rev. Proc. 2003-61, sec. 7, 2003-2 C.B. at 299. Petitioner’s application for relief was filed after November 1, 2003, on August 5, 2004. Respondent’s determination letter was issued on November 10, 2005. According to section 4.01 in both sets of guidelines, the requesting spouse must satisfy seven conditions (threshold conditions) before the Commissioner will consider a request forPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011