Gwendolyn A. Ewing - Page 24

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               particular case.  Rather, all factors will be                          
               considered and weighed appropriately.  The list is not                 
               intended to be exhaustive.                                             
               As discussed next, none of the factors used by the                     
          Commissioner in making section 6015(f) determinations supports              
          respondent’s determination in this case.                                    
               1.   Petitioner’s Marital Status                                       
               Petitioner was still married to Mr. Wiwi at the time of                
          trial.  Respondent determined without further explanation, but              
          did not otherwise argue before the Court, that the marital status           
          factor weighs against petitioner.  We conclude that this factor             
          is neutral.                                                                 
               2.   Spousal Abuse                                                     
               Mr. Wiwi did not abuse petitioner.  Respondent does not                
          contend that the spousal abuse factor weighs against petitioner.            
          We conclude that this factor is neutral.                                    
               3.   Significant Benefit                                               
               Respondent does not argue that petitioner significantly                
          benefited from Mr. Wiwi’s underpayment of tax for 1995.                     
          Petitioner has paid more than one half of her and Mr. Wiwi’s                
          expenses since the time they were married.  Petitioner has not              
          received any income or other financial benefit from Mr. Wiwi.               
          Petitioner’s financial situation worsened after 1995 due to Mr.             
          Wiwi’s financial problems.  We conclude that petitioner did not             








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