Connie J. Meadows - Page 8

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        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        superseded guidelines, conceded that petitioner had met the                   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.                                       




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