- 33 - the instant case. With respect to the legal obligation negative factor set forth in section 4.03(2)(f) of Revenue Procedure 2000-15, we have found that, because petitioner concedes that Mr. Simon does not have a legal obligation to pay any tax due for 1998, petitioner concedes that the legal obligation positive factor set forth in section 4.03(1)(e) of that revenue procedure is not present in the instant case. We have also found that there is no separate legal obligation, such as a divorce decree or a property settle- ment, that requires petitioner to pay any such tax due.13 On the record before us, we find that the legal obligation negative factor is not present in the instant case. On the record before us, we find that petitioner has failed to carry her burden of establishing any other factors that weigh in favor of granting relief under section 6015(f) and that are not set forth in sections 4.02(1) and 4.03(1) of Revenue Proce- dure 2000-15. Based upon our examination of the entire record before us, we find that petitioner has failed to carry her burden of showing that respondent abused respondent’s discretion in denying her relief under section 6015(f) with respect to the unpaid 1998 liability. 13Division of the marital assets of petitioner and Mr. Simon remains to be adjudicated by the North Carolina courts.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011