- 7 - the threshold condition that the tax liability be attributable to an item of the nonrequesting spouse. Although petitioner has not met the threshold requirements for relief found in section 4.01 of the applicable guidelines, we consider other factors to be taken into consideration when the threshold requirements are met, because respondent, applying the superseded guidelines, conceded that petitioner had met the threshold conditions and denied petitioner’s claim for innocent spouse relief on other bases. The applicable guidelines specify, in section 4.02, three other conditions (assuming that the threshold conditions were met, which respondent erroneously assumed was the case) that, if met, will normally entitle the spouse to relief. Rev. Proc. 2003-61, sec. 4.02, 2003-2 C.B. at 298. To qualify, petitioner must show that: (a) She is no longer married; (b) it was reasonable for her to believe that Mr. Meadows would pay the reported tax liability; and (c) she will suffer economic hardship if she is not granted innocent spouse relief. Economic hardship generally means that the individual is unable to pay reasonable basic living expenses.2 Petitioner showed that she and Mr. Meadows are divorced, thereby satisfying the first condition. However, we cannot find 2See sec. 301.6343-1(b)(4), Proced. & Admin. Regs., referred to in the revenue procedure in making the determination of whether economic hardship is present.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011