Suzanne E. Barrera, a.k.a. Suzanne E. Battle - Page 26




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          inequitable to hold the requesting spouse liable for all or part            
          of the unpaid liability.                                                    
               The positive factors that, if present, weigh in favor of               
          relief include:  (1) The requesting spouse is separated or                  
          divorced from the nonrequesting spouse; (2) the requesting spouse           
          would suffer economic hardship if relief were not granted; (3)              
          the requesting spouse was abused by the nonrequesting spouse; (4)           
          the requesting spouse did not know or have reason to know that              
          the reported liability would not be paid; (5) the nonrequesting             
          spouse has a legal obligation pursuant to a divorce decree or               
          agreement to pay the unpaid liability;15 and (6) the unpaid                 
          liability is attributable solely to the nonrequesting spouse.               
          Rev. Proc. 2000-15, sec. 4.03(1), 2000-1 C.B. at 449.                       
               The negative factors that, if present, weigh against relief            
          include:  (1) The unpaid liability is attributable to the                   
          requesting spouse; (2) the requesting spouse knew or had reason             
          to know that the reported liability would be unpaid at the time             
          the return was signed; (3) the requesting spouse significantly              
          benefited (beyond normal support) from the unpaid liability; (4)            
          the requesting spouse will not experience economic hardship if              
          relief is not granted; (5) the requesting spouse has not made a             

               15   According to Rev. Proc. 2000-15, sec. 4.03(1)(e), 2000-           
          1 C.B. at 449, however, “This will not be a factor weighing in              
          favor of relief if the requesting spouse knew or had reason to              
          know, at the time the divorce decree or agreement was entered               
          into, that the nonrequesting spouse would not pay the liability.”           





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