- 13 - additional claimed expenses. Petitioner has failed to establish that she will suffer economic hardship if equitable relief is not granted. The Court concludes that petitioner has not satisfied this element. Accordingly, the Court concludes that petitioner fails to qualify for relief under Rev. Proc. 2000-15, sec. 4.02. Balancing Factors for Determining Whether To Grant Equitable Relief Under Rev. Proc. 2000-15 Where, as here, the requesting spouse fails to qualify for relief under Rev. Proc. 2000-15, sec. 4.02, the Commissioner may nonetheless grant the requesting spouse relief under Rev. Proc. 2000-15, sec. 4.03. Rev. Proc. 2000-15, sec. 4.03, lists the following two factors, which if present, the Commissioner weighs in favor of granting relief: (1) The taxpayer is separated or divorced from the nonrequesting spouse; and (2) the taxpayer was abused by his or her spouse; and the following two factors, which if present, the Commissioner weighs against granting relief: (3) The taxpayer received significant benefit from the unpaid liability or the item giving rise to the deficiency; and (4) the taxpayer has not made a good faith effort to comply with Federal income tax laws in the tax years following the tax year to which the request for relief relates. Ewing v. Commissioner, 122 T.C. at ____ (slip op. at 22-24).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011