Michael Alan Swanson, Petitioner, and Judith N. Swanson, Intervenor - Page 10

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          that petitioner has satisfied those threshold conditions.                   
               In this case, there are three additional elements, which, if           
          satisfied, would ordinarily result in the granting of relief in             
          the case of an underpayment (balance due on return).  Petitioner            
          was divorced from intervenor in 2000 and therefore satisfies the            
          first element.  The second element is inapplicable under these              
          facts because at the time the return was filed, there was no tax            
          to be paid.  Finally, as to the third element, whether the                  
          requesting spouse will suffer economic hardship if relief is not            
          granted, petitioner has failed to prove that he would be unable             
          to pay his reasonable basic living expenses were relief denied.             
          See sec. 301.6343-1(b)(4)(i), Proced. & Admin. Regs.  Therefore,            
          we conclude that petitioner does not qualify for relief under               
          Rev. Proc. 2003-61, sec. 4.02, 2003-2 C.B. at 298.                          
               Where, as here, the requesting spouse satisfies the                    
          seven threshold conditions set forth in Rev. Proc. 2003-61, sec.            
          4.01 but does not qualify for relief under Rev. Proc. 2003-61,              
          sec. 4.02, he may still be granted relief if, upon taking into              
          account all the facts and circumstances, it would be inequitable            
          to hold the requesting spouse liable for all or part of the                 
          unpaid deficiency.  Rev. Proc. 2003-61, sec. 4.03, 2003-2 C.B. at           
          298, lists six factors to be considered in determining whether to           
          grant equitable relief.  We will now consider petitioner’s                  
          request in the light of those factors.                                      






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