- 21 - b. Spousal Abuse Louis did not abuse petitioner. Because the absence of spousal abuse is not listed as a negative factor, that factor must be considered neutral. See Rev. Proc. 2000-15, sec. 4.03(1)(c). c. Noncompliance With Federal Income Tax Laws in Subsequent Years Respondent concedes that “petitioner has been compliant with Federal tax laws.” Because compliance with the tax law is not listed as a favorable factor, that factor must be considered neutral. See Rev. Proc. 2000-15, sec. 4.03(2)(e). d. Legal Obligation To Pay the 1996 Tax Liability Because neither petitioner nor Louis was legally obligated pursuant to a divorce decree or agreement to pay the tax liability resulting from the failure to report the IRA distribution, that factor is also neutral. See Rev. Proc. 2000- 15, sec. 4.03(1)(e) and (2)(f). 10(...continued) eligibility requirements for the sec. 6015(c) separate liability election, state that “a taxpayer is no longer married if he or she is widowed.” See sec. 6015(c)(3)(A)(i)(I) (an individual is generally eligible to elect relief under sec. 6015(c)(1) if “such individual is no longer married to, or is legally separated from, the individual with whom such individual filed the joint return to which the election relates”). We see no reason why widows should not similarly be treated as separated or divorced from the nonrequesting spouse for purposes of Rev. Proc. 2000-15, sec. 4.03(1)(a). Cf. Jonson v. Commissioner, 118 T.C. 106, 124 (2002) (decedent spouse’s marital status for purposes of sec. 6015(c)(3)(A)(i) determined at the time of death), affd. 353 F.3d 1181 (10th Cir. 2003).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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