- 12 - 7. Abuse of the Requesting Spouse by the Nonrequesting Spouse There are additional factors that the Commissioner treats as favoring equitable relief if present, but not as grounds for denying relief if not present. Rev. Proc. 2003-61, sec. 4.03(2)(b)(i) and (ii), 2003-2 C.B. at 299. One of those factors is abuse of the requesting spouse by the nonrequesting spouse. In her Form 8857, petitioner stated that Mr. Shattun assaulted her, and she said that was why they were divorced. Her testimony is corroborated by the January 2001 Bremerton Police incident report. This factor favors petitioner. 8. Requesting Spouse’s Mental or Physical Health The taxpayer’s mental or physical health, if poor when the tax return was signed or when relief was requested, is a factor the Commissioner treats as favoring the taxpayer if present, but neutral if not present. Rev. Proc. 2003-61, sec. 4.03(2)(b)(ii). In petitioner’s Form 12510, Questionnaire for Requesting Spouse, she stated that she suffered from mental abuse when she signed the return or requested relief. She did not elaborate or testify on this point. We have previously found that the abuse factor favors relief for petitioner. We conclude that this factor is neutral. C. Conclusion Factors favoring petitioner are that she and Mr. Shattun are divorced and that she suffered from abuse. Neutral factors arePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011