Yvonne C. Lopez - Page 16

                                       - 16 -                                         
          the opposite of the attribution factor in Rev. Proc. 2000-15,               
          sec. 4.03(1)(f).  Consequently, in our review of the                        
          Commissioner’s determination denying relief under section                   
          6015(f), we have held that a finding with respect to the reason             
          to know, economic hardship, legal obligation, and attribution               
          factors ordinarily will weigh either in favor of or against                 
          granting equitable relief under section 6015(f).  Ewing v.                  
          Commissioner, 122 T.C. 32, 45 (2004).  We have also held that a             
          finding that a requesting spouse did not receive a significant              
          benefit from the item giving rise to the deficiency weighs in               
          favor of granting relief under section 6015(f).  Id.  Finally, we           
          treat evidence that the remaining positive and negative factors             
          are not applicable as evidence weighing neither in favor of nor             
          against granting equitable relief (i.e., as neutral).  Id.  In              
          accordance with the above, we shall consider each of the positive           
          and negative factors enumerated in Rev. Proc. 2000-15, sec. 4.03.           
               1.   Positive Factors                                                  
                    a.   Marital Status                                               
               Petitioner and Mr. Cowdery divorced in 1997.  Respondent               
          concedes this factor weighs in favor of granting relief.                    
                    b.   Economic Hardship                                            
               For the reasons stated in our analysis of this factor under            
          Rev. Proc. 2000-15, sec. 4.02, we conclude that petitioner has              








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  Next

Last modified: May 25, 2011