Floyd William Munsinger & Audreanne Elise Lewallen, f.k.a. Audreanne Elise Munsinger - Page 9




                                        - 8 -                                         
         hold the individual liable for any unpaid tax or deficiency.5                
         Sec. 6015(f).  As previously discussed, Ms. Lewallen is not                  
         entitled to relief under section 6015(b) or (c).                             
              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.6  Rev. Proc. 2003-61, sec. 4.01, 2003-2            
         C.B. at 297, sets forth seven threshold conditions that must                 
         generally be satisfied before the Commissioner will consider a               
         request for equitable relief under section 6015(f).                          
              Insofar as her own omitted wage income is concerned, Ms.                
         Lewallen does not satisfy all of the threshold conditions.                   
         Condition 7 of Rev. Proc. 2003-61, sec. 4.01, requires that the              
         income tax liability from which the requesting spouse seeks                  
         relief is attributable to an item of the “nonrequesting spouse”,             


               5  Although normally the Court will review the                         
          Commissioner’s denial of relief under sec. 6015(f) under an abuse           
          of discretion standard, see, e.g., Jonson v. Commissioner, 118              
          T.C. 106, 125 (2002), affd. 353 F.3d 1181 (10th Cir. 2003), the             
          request for relief in this case was not made until the petition             
          was filed.                                                                  
               6  Rev. Proc. 2000-15, 2000-1 C.B. 447, was superseded by              
          Rev. Proc. 2003-61, 2003-2 C.B. 296, which is effective as to               
          requests for relief filed on or after Nov. 1, 2003, and for                 
          requests for relief pending on Nov. 1, 2003, as to which no                 
          preliminary determination letter had been issued as of that date.           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 10, 2007