Lisa Winzen, f.k.a. Lisa Dickens Poe - Page 8




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          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 Proc. 2000-15, 2000-1 C.B. 447, was superseded by Rev.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.                                                           






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