- 16 - of granting relief and that, if not true, are neutral: (1) The taxpayer is separated or divorced from the nonrequesting spouse and (2) the taxpayer was abused by his or her spouse. Respondent concedes that the marital status factor weighs in favor of petitioner. The abuse factor is neutral in this case because petitioner failed to provide any evidence establishing abuse. In addition, Rev. Proc. 2000-15, sec. 4.03, 2000-1 C.B. at 448, lists the following two factors that, if true, respondent weighs against granting relief and that, if not true, are neutral: (1) The taxpayer received a significant benefit from the unpaid liability or the item giving rise to the deficiency and (2) the taxpayer has not made a good faith effort to comply with the Federal income tax laws in the tax years following the tax year to which the request for relief relates. The significant benefit factor is neutral in this case because petitioner ultimately paid the 1989 income tax liability. The noncompliance factor is also neutral in this case because both parties failed to argue or present evidence as to whether petitioner has made a good faith effort to comply with the Federal income tax laws since 1989. Finally, Rev. Proc. 2000-15, sec. 4.03, 2000-1 C.B. at 448, lists the following four factors that, if true, respondent weighs in favor of granting relief and that, if not true, respondent weighs against granting relief: (1) The taxpayer would sufferPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011