Cimberly Catherine Clarke-Lewis - Page 9




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          which the IRS will ordinarily grant relief under section 6015(f)            
          with respect to an underpayment of a properly reported liability.           
          To qualify for relief under Rev. Proc. 2003-61, sec. 4.02, the              
          requesting spouse must:  (1) No longer be married to, be legally            
          separated from, or have not been a member of the same household             
          as the nonrequesting spouse at any time during the 12-month                 
          period ending on the date of the request for relief; (2) have had           
          no knowledge or reason to know when she signed the return that              
          the nonrequesting spouse would not pay the tax liability; and (3)           
          suffer economic hardship if relief is not granted.  See Rev.                
          Proc. 2003-61, sec. 4.02(1), 2003-2 C.B. at 298.                            
               Petitioner was divorced from Mr. Nakasu when she requested             
          innocent spouse relief.  Condition 1 is satisfied.                          
               With respect to whether petitioner had knowledge or reason             
          to know when she signed the return that Mr. Nakasu would not pay            
          the tax liability, petitioner agrees that at the time she signed            
          each return she knew that payments for tax shown on each return             
          would not be made.  Accordingly, petitioner does not qualify for            
          relief under Rev. Proc. 2003-61, sec. 4.02, and the Court need              
          not discuss the third element.                                              
          Rev. Proc. 2003-61, Sec. 4.03:  Other Factors                               
               Where the requesting spouse fails to qualify for relief                
          under Rev. Proc. 2003-61, sec. 4.02, the IRS may nevertheless               
          grant relief under Rev. Proc. 2003-61, sec. 4.03.  Rev. Proc.               







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