Donald J. Barnes and Beverly A. Edwards, f.k.a. Beverly A. Barnes - Page 45

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          4.03 of Rev. Proc. 2000-15 to review respondent’s denial of                 
          relief for an abuse of discretion.                                          
               Section 4.03 of Rev. Proc. 2000-15 provides a nonexhaustive            
          list of factors that the Commissioner is to take into account in            
          determining whether to grant full or partial relief under section           
          6015(f).  The revenue procedure provides that no single factor is           
          to be determinative; rather, all factors are to be considered and           
          weighted appropriately.  Section 4.03(1) of Rev. Proc. 2000-15              
          lists six factors that, if present, the Commissioner will                   
          consider as weighing in favor of granting relief for an unpaid              
          liability (positive factors), and section 4.03(2), 2000-1 C.B. at           
          449, lists six factors that, if present, the Commissioner will              
          consider as weighing against granting relief for an unpaid                  
          liability (negative factors).  The following are the positive               
          factors set forth in the revenue procedure, as they apply to this           
          case:                                                                       
                    (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.                                         





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