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