- 16 - (8) Whether the requesting spouse made a good faith effort to comply with the Federal income tax laws in years following the years to which the request for relief relates. Generally, no single factor will control whether equitable relief will be granted in a particular case. Rather, all relevant facts will be considered and weighed appropriately, and the above guidelines are not intended to be exhaustive. Ewing v. Commissioner, 122 T.C. at 48; Rev. Proc. 2000-15, sec. 4.03(2). For example, other factors that have been considered by this Court include whether an understatement or underpayment of tax was the result of concealment, overreaching, or other wrongdoing on the part of the nonrequesting spouse. See, e.g., Ewing v. Commissioner, 122 T.C. at 48-49. In Lopez v. Commissioner, T.C. Memo. 2005-36, relief was not granted because, although various facts weighed in favor of the taxpayer, the taxpayer’s knowledge and financial resources weighed heavily against granting relief. In Keitz v. Commissioner, T.C. Memo. 2004-74, relief was granted because the taxpayer’s lack of knowledge of the underpayment outweighed the absence of economic hardship. As listed below, in this case, it has been established that most of the guidelines or factors listed in Rev. Proc. 2000-15, supra, weigh in favor of granting petitioner relief from joint tax liability for 1993, 1994, and 1995 with regard to the unpaid taxes attributable to Alimam’s income from his medical practice:Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011