Joseph D. & Elizabeth M. Dunne - Page 38




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          found in Rev. Proc. 2003-61, 2003-2 C.B. 296.  We review                    
          respondent’s denial of relief under section 6015(f) for abuse of            
          discretion.  See Alt v. Commissioner, 119 T.C. at 315-316.                  
               Rev. Proc. 2003-61, sec. 4.01, 2003-2 C.B. at 297, provides            
          seven threshold conditions to determine relief.  Respondent                 
          concedes that Mrs. Dunne satisfies these conditions.  Mrs. Dunne            
          mistakenly argues that she is entitled to relief by satisfying              
          these threshold conditions alone.  On the contrary, after a                 
          taxpayer satisfies the threshold requirements, Rev. Proc. 2003-             
          61, sec. 4.03, 2003-2 C.B. at 298, provides the Commissioner a              
          nonexclusive list of factors that the Commissioner uses in                  
          determining whether the individual is entitled to relief on the             
          basis of all the facts and circumstances in the case.  The                  
          relevant factors to be considered here are marital status,                  
          economic hardship, knowledge or reason to know, significant                 
          benefit, and compliance with the income tax laws.                           
               The fact that petitioners have been married and living                 
          together at all relevant times is neutral.                                  
               The economic hardship factor also weighs against Mrs. Dunne.           
          Mrs. Dunne’s only argument regarding this factor is that the                
          amount of tax due is large.  However, Mrs. Dunne has not provided           
          any evidence that (1) she will suffer economic hardship if we do            
          not grant her relief, (2) she does not have sufficient assets to            








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