Dwan A. Thomas - Page 11

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          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 experience            






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