- 15 - (a) Attributable to the requesting spouse. The unpaid liability * * * is attributable to the requesting spouse. (b) Knowledge, or reason to know. A requesting spouse knew or had reason to know * * * that the reported liability would be unpaid at the time the return was signed. This is an extremely strong factor weighing against relief. * * * (c) Significant benefit. The requesting spouse has significantly benefitted (beyond normal support) from the unpaid liability * * *. (d) Lack of economic hardship. The requesting spouse will not experience economic hardship (within the meaning of section 4.02(1)(c) of this revenue procedure) if relief from the liability is not granted. (e) Noncompliance with federal income tax laws. The requesting spouse has not made a good faith effort to comply with federal income tax laws in the tax years following the tax year or years to which the request for relief relates. (f) Requesting spouse’s legal obligation. The requesting spouse has a legal obligation pursuant to a divorce decree or agreement to pay the liability. In deciding whether respondent’s determination that petitioner is not entitled to relief under section 6015(f) was an abuse of discretion, the Court considers evidence relating to all the facts and circumstances. Washington v. Commissioner, supra. On this record, the Court finds that the facts and circumstances weigh against granting relief to petitioner for the year 1987. Most importantly, petitioner knew or had reason to know, at the time the return was signed in 1993, that the liability reported for 1987 would be unpaid. Butler v. Commissioner, 114 T.C. 276 (2000). Petitioner and Mr. BarberPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011