- 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 Proc. 2000-15, 2000-1 C.B. 447, was superseded by Rev.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 NextLast modified: November 10, 2007