- 22 - spouse’s legal obligation, (5) significant benefit, (6) compliance with income tax laws, (7) abuse, and (8) mental or physical health. Further, Rev. Proc. 2003-61, supra, provides that no single factor will be determinative, but that all relevant factors, regardless of whether the factor is listed in Rev. Proc. 2003-61, sec. 4.03, will be considered and weighed. A. Marital Status Rev. Proc. 2003-61, supra, provides that petitioner’s marital status is a factor in determining whether a spouse should be granted equitable relief. Petitioner and Mr. Bennett divorced on May 8, 2000, and her divorce weighs in favor of granting equitable relief under section 66(c). B. Economic Hardship Whether a spouse will suffer economic hardship if equitable relief is not granted under section 66(c) is a factor which may be considered pursuant to Rev. Proc. 2003-61, supra. Economic hardship exists if a levy will cause a taxpayer to be unable to pay his or her reasonable basic living expenses. Sec. 301.6343- 1(b)(4), Proced. & Admin. Regs. In this case, we are unable to properly evaluate whether petitioner would suffer economic hardship if equitable relief were not granted. While petitioner testified that she was economically dependent upon Mr. Bennett during their marriage, we are not aware of petitioner’s current employment situation orPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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