- 29 - F. Compliance With Income Tax Laws There is no evidence regarding petitioner’s compliance with income tax laws in subsequent years. This factor is, therefore, neutral. G. Abuse There is no evidence that petitioner was the victim of abuse in this case. Rev. Proc. 2003-61, 2003-2 C.B. 296, however, provides that the presence of abuse is only a factor which may weigh in favor of equitable relief; the absence of abuse is not a negative factor weighing against equitable relief. Thus, this factor is neutral in this case. H. Mental or Physical Health At trial, petitioner was extremely emotional and distraught. Petitioner testified that she was financially and emotionally dependent upon Mr. Bennett, and that she became depressed and physically ill when she discovered that Mr. Bennett was engaged in an extramarital affair. Further, during their marriage, Mr. Bennett exercised control over all facets of petitioner’s life, and according to petitioner, would threaten to have her deported to China if she disobeyed him. On the basis of the record as a whole, we believe that she was suffering from poor mental health. This factor weighs in favor of granting relief.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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