Catherine Rosenthal - Page 21

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                    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).                                                      




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