- 10 - 2000-15, sec. 4.03(2)(a) is substantially the opposite of the attribution factor in Rev. Proc. 2000-15, sec. 4.03(1)(f). Consequently, in the Court’s review of the Commissioner’s determination denying relief under section 6015(f), the Court has 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. at 45. The Court has also held that a finding that a requesting spouse did not receive a significant benefit from the item in issue weighs in favor of granting relief under section 6015(f). Id. Finally, the Court treats 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. The sole factor in favor of petitioner here is the factor of marital status. Petitioner and her former husband were divorced in 2002. The remaining factors that are applicable tend to weigh against petitioner. Petitioner caused the mathematical error on the return, and she had knowledge of the actual amounts she paid for child care. Petitioner also derived a significant benefit from her miscalculation in that the return reflected an overpayment of $693 instead of an understatement of $6,450. Finally, petitioner has failed to show that she would experiencePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011