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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.
Petitioner executed the 2001 return voluntarily. The
distribution which led to the 10-percent additional tax pursuant
to section 72(t) was a distribution from petitioner’s own section
401(k) plan. Petitioner had actual knowledge of the factual
basis for the 10-percent additional tax. Petitioner personally
used the proceeds from the distribution to pay for living
expenses incurred by him, Ms. Glenn, and their children. Also,
petitioner used the proceeds from the distribution to pay credit
card debts and a second mortgage, for which petitioner and Ms.
Glenn were jointly liable.
Furthermore, we find no basis for concluding that petitioner
would suffer undue financial hardship in being liable for the
additional unpaid 2001 tax liability.
While petitioner may have a claim to indemnity under State
law for half of the payment of the additional tax liability
incurred because of the 10-percent additional tax, we find that
no factors considered support the conclusion that petitioner is
entitled to relief under section 6015(f), and petitioner’s
request for relief pursuant to section 6015 will be denied.
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