Joan Phyllis Levy - Page 25

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          weighing against granting relief for an unpaid liability:  (1)              
          The unpaid liability is attributable to the requesting spouse;              
          (2) the requesting spouse knew or had reason to know that the               
          reported liability would be unpaid at the time the return was               
          signed; (3) the requesting spouse benefited (beyond normal                  
          support) from the unpaid liability; (4) the requesting spouse               
          will not suffer economic hardship if relief is denied; (5) the              
          requesting spouse has not made a good faith effort to comply with           
          Federal income tax laws in the tax years following the tax year             
          or years to which the request for relief relates; and (6) the               
          requesting spouse has a legal obligation pursuant to a divorce              
          decree or agreement to pay the unpaid liability.  In addition,              
          Rev. Proc. 2000-15, sec. 4.03, 2000-1 C.B. at 448-449, states:              
          “No single factor will be determinative of whether equitable                
          relief will or will not be granted in any particular case.                  
          Rather, all factors will be considered and weighed                          
          appropriately.”  Furthermore, the list of aforementioned factors            
          is not intended to be exclusive.                                            
               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.  See generally Washington v.                       
          Commissioner, supra at 148.                                                 







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Last modified: May 25, 2011