Michael Alan Swanson, Petitioner, and Judith N. Swanson, Intervenor - Page 9

                                        - 8 -                                         
          taxpayer may be relieved from joint and several liability if it             
          is determined that, taking into account all the facts and                   
          circumstances, it is inequitable to hold the taxpayer liable for            
          the unpaid tax, and relief is not available under section 6015(b)           
          or (c).  To prevail, petitioner must prove that respondent’s                
          denial of equitable relief from joint liability under section               
          6015(f) was an abuse of discretion.  Jonson v. Commissioner, 118            
          T.C. 106, 125 (2002), affd. 353 F.3d 1181 (10th Cir. 2003);                 
          Cheshire v. Commissioner, 115 T.C. 183, 198 (2000), affd. 282               
          F.3d 326 (5th Cir. 2002); Butler v. Commissioner, 114 T.C. 276,             
          291-292 (2000).                                                             
               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.2  The requesting spouse must satisfy              
          seven conditions (threshold conditions) before the Commissioner             
          will consider a request for relief under section 6015(f).  Rev.             
          Proc. 2003-61, sec. 4.01, 2003-2 C.B. at 297.  Respondent agrees            

               2Rev. Proc. 2000-15, 2000-1 C.B. 447, was superseded by Rev.           
          Proc. 2003-61, 2003-2 C.B. 296, and 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.                       
          Petitioner’s application for relief was filed after Nov. 1, 2003,           
          on Apr. 30, 2004.                                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011