- 16 - if relief from the liability is not granted [the economic hardship positive factor]. (c) Abuse. The requesting spouse was abused by the nonrequesting spouse, but such abuse did not amount to duress [the abuse positive factor]. (d) No knowledge or reason to know. In the case of a liability that was properly reported but not paid, the requesting spouse did not know and had no reason to know that the liability would not be paid [the knowledge positive factor]. (e) Nonrequesting spouse’s legal obligation. The nonrequesting spouse has a legal obligation pursuant to a divorce decree or agreement to pay the outstanding liability [the nonrequesting spouse’s legal obligation positive factor]. (f) Attributable to nonrequesting spouse. The liability for which relief is sought is solely attributable to the nonrequesting spouse [the liability attribution positive factor]. As to the marital status positive factor, petitioner’s marital status weighs in favor of relief because Mr. George was deceased at the time petitioner sought equitable relief. The economic hardship positive factor does not weigh in favor of relief. As stated above, we do not believe that petitioner would suffer economic hardship if relief from the tax liabilities were not granted. The abuse positive factor does not weigh in favor of relief. On her Form 886-A, petitioner conceded that marital abuse does not apply. The knowledge positive factor does not weigh in favor of relief. As stated above, we believe that petitioner knew or hadPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011