E. Carolyn Mellen - Page 28




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            whether respondent will grant an individual full or partial                                 
            equitable relief under section 6015(f).  As Revenue Procedure                               
            2000-15 makes clear, no single factor is to be determinative in                             
            any particular case, all factors are to be considered and weighed                           
            appropriately, and the list of factors is not intended to be                                
            exhaustive.  Rev. Proc. 2000-15, sec. 4.03, 2000-1 C.B. 447, 448.                           
                  We now turn to the application of section 4.03 of Revenue                             
            Procedure 2000-15 to the record established in the instant case.                            
            As pertinent here, section 4.03(1) of Revenue Procedure 2000-15                             
            sets forth the following positive factors which weigh in favor of                           
            granting relief under section 6015(f):                                                      
                        (a) Marital status.  The requesting spouse is                                   
                  * * * divorced from the nonrequesting spouse.                                         
                        (b) Economic hardship.  The requesting spouse                                   
                  would suffer economic hardship (within the meaning of                                 
                  section 4.02(1)(c) of this revenue procedure) if relief                               
                  from the liability is not granted.                                                    
                        (c) Abuse.  The requesting spouse was abused by                                 
                  the nonrequesting spouse, but such abuse did not amount                               
                  to duress.                                                                            
                        (d) No knowledge or reason to know. * * * In the                                
                  case of a liability that arose from a deficiency, the                                 
                  requesting spouse did not know and had no reason to                                   
                  know of the items giving rise to the deficiency.                                      
                        (e) Nonrequesting spouse’s legal obligation.  The                               
                  nonrequesting spouse has a legal obligation pursuant to                               
                  a divorce decree or agreement to pay the outstanding                                  
                  liability.  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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