Dorothy Ann Magee - Page 24

                                       - 24 -                                         
                    5.   Significant Benefit                                          
               Where the requesting spouse significantly benefited (beyond            
          normal support) from the unpaid liability, this is a factor                 
          against granting relief to the nonrequesting spouse.  Petitioner            
          and Mr. Magee had income in the amounts of $11,032 and $30,805,             
          respectively, for 1996, as shown on their joint return.  Mr.                
          Magee made estimated tax payments; petitioner did not.                      
          Petitioner’s gross income constituted about 25 percent of the               
          total income, and her net income was even less.  There is nothing           
          in the record regarding petitioner and Mr. Magee’s lifestyle or             
          spending habits when they were married.  It appears that                    
          petitioner did not receive a significant benefit from the filing            
          of the joint return.  This factor weighs in favor of granting               
          relief.                                                                     
                    6.   Abuse                                                        
               There is no evidence in the record that petitioner suffered            
          any physical abuse from Mr. Magee.  This is a neutral factor.               
          See Rev. Proc. 2003-61, sec. 4.03(2)(b)(i).                                 
                    7.   Mental or Physical Health                                    
               There is no evidence in the record that petitioner’s mental            
          or physical health was poor.  This is a neutral factor.  See Rev.           
          Proc. 2003-61, sec. 4.03(2)(b)(ii).                                         
               All factors weighed and considered, the Court finds that it            
          would not be inequitable under section 6015(f) to hold petitioner           
          liable for the 1996 unpaid tax.                                             




Page:  Previous  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  Next

Last modified: May 25, 2011