- 22 - 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.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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