- 13 - Cir. 2002). In deciding whether respondent’s determination that petitioner is not entitled to relief under section 6015(f) was an abuse of discretion, we consider evidence relating to all the facts and circumstances. Respondent contends: (1) Petitioner voluntarily signed the 2001 joint Federal income tax return which reported the section 401(k) distribution of $165,838; (2) the proceeds of the section 401(k) plan were put into joint savings and checking accounts to which petitioner had access; (3) petitioner obtained benefits from the section 401(k) distribution proceeds through the use of those proceeds to pay off petitioner’s and Mr. Glenn’s joint liabilities; (4) petitioner would not suffer economic hardship if the Service did not grant relief from the income tax liability; and (5) petitioner has not demonstrated that she made a good faith effort to comply with Federal income tax laws. Respondent asserts that these factors weigh against granting relief to petitioner. We now address each of the factors of Rev. Proc. 2003-61, sec. 403, separately. 1. Marital Status During 2001, petitioner and Mr. Glenn were married and resided in the same household; however, they occupied separate rooms in the household and considered themselves separated. Petitioner filed for divorce in October of 2001. Petitioner andPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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