Philip Cullen - Page 15

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               Rev. Proc. 2000-15, sec. 4.03(1) and (2), 2000-1 C.B. at               
          448, establishes a partial list of four positive factors which,             
          if present, the Commissioner weighs in favor of relief and, if              
          absent, are treated as negative factors.  This section of the               
          revenue procedure also lists two other positive factors which, if           
          present, weigh in favor of relief and if absent, are neutral and            
          two additional negative factors which, if present, weigh against            
          granting relief and, if absent, are neutral.  One of these                  
          “solely negative” factors, however, has been interpreted by this            
          Court also to carry positive weight if absent, such that we in              
          essence view five factors as being either positive or negative.             
          Ewing v. Commissioner, supra at 45; Ferrarese v. Commissioner,              
          T.C. Memo. 2002-249.                                                        
               The list of factors is not intended to be exhaustive.  Other           
          factors may be considered, and no one factor is necessarily                 
          conclusive.  Nonetheless, some factors are more important than              
          others.  An important factor, absent other unusually strong                 
          countervailing factors, may, when all factors are weighed                   
          appropriately, dictate the ultimate result.                                 
               As interpreted by this Court, the five positive or negative            
          factors, as pertinent here, are:  (i) The requesting spouse would           
          or would not suffer economic hardship if relief were denied; (ii)           
          the unpaid tax liability is or is not attributable to the                   
          requesting spouse; (iii) the requesting spouse had or did not               






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