If your equitablerelief request was previously denied just because of the two-year limit, you can reapply as long as the tax statute of limitations is still open.
Although the law sets forth standards about who can qualify for either of these breaks, it also gives the IRS power to grant "equitable relief" to applicants who don't otherwise qualify.
Proc. 2003-61 provides that its list is nonexclusive, and that the Service will consider and weigh all relevant facts and circumstances in deciding applications for equitablerelief under Code Section 6015.