Susan L. Abelein - Page 33

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               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.                      
          The knowledge or reason to know factor, the economic hardship               
          factor, and the legal obligation factor in Rev. Proc. 2000-15,              
          sec. 4.03(2)(b), (d), and (f), respectively, are the opposites of           
          the knowledge or reason to know factor, the economic hardship               
          factor, and the legal obligation factor in Rev. Proc. 2000-15,              
          sec. 4.03(1)(d), (b), and (e), respectively.  The attribution               
          factor in Rev. Proc. 2000-15, sec. 4.03(2)(a) is substantially              
          the opposite of the attribution factor in Rev. Proc. 2000-15,               
          sec. 4.03(1)(f).  Consequently, in our review of the                        
          Commissioner’s determination denying relief under section                   
          6015(f), we have held that a finding with respect to the reason             
          to know, economic hardship, legal obligation, and attribution               
          factors ordinarily will weigh either in favor of or against                 
          granting equitable relief under section 6015(f).  Ewing v.                  
          Commissioner, 122 T.C. 32, 45 (2004).  We have also held that a             
          finding that a requesting spouse did not receive a significant              
          benefit from the item giving rise to the deficiency weighs in               
          favor of granting relief under section 6015(f).  Id.  Finally, we           
          treat evidence that the remaining positive and negative factors             
          are not applicable as evidence weighing neither in favor of nor             
          against granting equitable relief (i.e., as neutral).  Id.                  





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