- 12 - Commissioner will determine a reasonable amount for basic living expenses that will vary according to the unique circumstances of the individual taxpayer. See Rev. Proc. 2003-61, sec. 4.03(2)(a)(ii), 2003-2 C.B. at 298. (referring to Rev. Proc. 2003-61, sec. 4.02(1)(c) (citing section 301.6343-1(b)(4)(i), Proced. & Admin. Regs.)). Petitioner agrees that she would not suffer economic hardship, as that term is defined in section 301.6343-1(b)(4)(i), Proced. & Admin. Regs., if she were required to pay the joint tax liability. Petitioner, however, citing Washington v. Commissioner, 120 T.C. 137 (2003), takes the position that respondent’s use of that regulation to determine economic hardship is itself an abuse of discretion. Petitioner, it seems, has misread Washington. The Court in Washington recognized that the Commissioner has adopted guidelines “As directed by section 6015(f)” to use when considering whether a taxpayer qualifies for relief under that provision. Id. at 147. The Court in fact used the Commissioner’s guidelines1 in reviewing the Washington case. See 1Rev. Proc. 2003-61, 2003-2 C.B. 296, supersedes Rev. Proc. 2000-15, 2000-1 C.B. 447, as used in Washington v. Commissioner, 120 T.C. 137 (2003). The guidelines set forth in Rev. Proc. 2003-61, supra, are effective for requests for relief filed on or after Nov. 1, 2003, and for requests for relief pending as of Nov. 1, 2003, for which no preliminary determination letter was issued as of Nov. 1, 2003. Rev. Proc. 2003-61, sec. 7, 2003-2 C.B. at 299.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: March 27, 2008