- 15 - properly reported but not paid, the taxpayer did not know and had no reason to know that the liability would not be paid; (7) the liability for which relief is sought is attributable to the nonrequesting spouse; and (8) the nonrequesting spouse has a legal obligation pursuant to a divorce decree or agreement to pay the outstanding liability (weighs against relief only if the requesting spouse has the obligation). Ewing v. Commissioner, supra at ____ (slip op. at 22-24). Rev. Proc. 2000-15, sec. 4.03(2), states that "No single factor will be determinative of whether equitable relief will or will not be granted in any particular case. Rather, all factors will be considered and weighed appropriately. The list is not intended to be exhaustive." As discussed next, most of the factors the Commissioner uses in making section 6015(f) determinations do not support respondent's determination in this case. 1. Petitioner's Marital Status Respondent determined that the marital status factor weighs in favor of petitioner. As discussed, supra, the Court agrees that this factor favors petitioner. 2. Spousal Abuse Mr. Keitz did not abuse petitioner. Lack of spousal abuse is not a factor listed in Rev. Proc. 2000-15, sec. 4.03(2), that weighs against granting equitable relief. Washington v.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