- 7 - circumstances, it is inequitable to hold the taxpayer liable for the unpaid tax, and relief is not available 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.3 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. In this case, respondent disagrees that petitioner satisfies the seventh requirement, that the income tax liability from which the requesting spouse seeks relief is attributable to an item of the nonrequesting spouse. We agree. In the year in issue, 82 percent of the total income reported on the Federal income tax return is attributable to petitioner. The IRA distribution received in that year is completely attributable to petitioner. Accordingly, we conclude that petitioner did not meet the threshold conditions for relief. 3Rev. Proc. 2000-15, 2000-1 C.B. 447, was superseded by Rev.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. 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 14 NextLast modified: November 10, 2007