- 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