Catherine Rosenthal - Page 20

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          to his will, was bequeathed to persons other than petitioner.  We           
          find that petitioner did not benefit from those funds.9                     
                    4.  Overall Application of the Factors Under Rev.                 
                    Proc. 2000-15, Section 4.03                                       
               We conclude from examining respondent’s “Explanation of                
          Items” attached to the notice of determination that, in rejecting           
          petitioner’s request for innocent spouse relief, respondent                 
          failed to apply six of the eight factors listed in Rev. Proc.               
          2000-15, section 4.03.  Based upon the evidence before us (and              
          before respondent at the time he considered petitioner’s                    
          application for innocent spouse relief), we find that all but one           
          of the factors listed in Rev. Proc. 2000-15, section 4.03, are              
          either favorable to petitioner or neutral.                                  
                    a.  Petitioner’s Marital Status                                   
               At the time petitioner requested relief, Louis was deceased.           
          We view that circumstance, with respect to petitioner, as                   
          tantamount to her being separated or divorced.  Therefore, we               
          conclude that that factor is favorable.  See Rev. Proc. 2000-15,            
          sec. 4.03(1)(a).10                                                          


               9  See Mysse v. Commissioner, 57 T.C. 680, 699 (1972), in              
          which we stated that, where there is an inability to trace                  
          unreported funds attributable to one spouse, the benefit to the             
          other spouse cannot constitute more than ordinary support, which            
          means that the latter did not significantly benefit from the                
          funds.                                                                      
               10  See H. Conf. Rept. 105-599, at 252 n.16 (1988), 1998-3             
          C.B. 747, 1006, wherein the conferees, in discussing the                    
                                                             (continued...)           




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