Pamela J. Ellison - Page 22

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          present:11  (1) Petitioner was not separated or divorced from Mr.           
          Ellison, (2) petitioner will not suffer economic hardship if                
          relief is denied, (3) petitioner was not abused by Mr. Ellison,             
          (4) petitioner knew or had reason to know of the item giving rise           
          to the deficiency, (5) Mr. Ellison did not have an obligation to            
          pay the liability pursuant to a divorce decree, and (6) the items           
          giving rise to the deficiencies are not attributable solely to              
          Mr. Ellison.  See Washington v. Commissioner, 120 T.C. 137, 147             
          (2003).  Additionally, the following factors weighing against               
          relief are present:12  (1) The items giving rise to the                     
          deficiencies are attributable to petitioner, (2) petitioner knew            




               11  We note that in her Appeals memorandum, Ms. Boak                   
          considered the fact that petitioner and Mr. Ellison were still              
          married and living together, there was no abuse, and that there             
          was no legal obligation of the nonrequesting spouse to pay the              
          liability to be factors weighing against sec. 6015(f) relief.               
          This was incorrect--she should have treated them as neutral.                
          Washington v. Commissioner, 120 T.C. 137, 149 (2003).  Ms.                  
          Halbert, who initially reviewed the case, however, did not                  
          consider the absence of these factors to weigh against granting             
          equitable relief.                                                           
               It is unclear whether the notice of determination is based             
          on Ms. Halbert’s or Ms. Boak’s analysis.  Regardless, neither               
          found any factors weighing in favor of relief to be present and             
          both found factors that properly weighed against relief to be               
          present.  Accordingly, Ms. Boak’s mistake is not a basis for                
          finding that respondent abused his discretion.                              
               12  The absence of certain factors weighing against                    
          equitable relief does not weigh in favor of granting relief--they           
          are neutral.  Doyel v. Commissioner, T.C. Memo. 2004-35; see                
          Washington v. Commissioner, supra at 149.                                   





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