- 20 - 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...)Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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