- 57 - section 6015(b)(1)(D), see id., is whether in signing the tax return the requesting spouse did not know, and had no reason to know, of an understatement in that return, see Rev. Proc. 2003- 61, sec. 4.03(2)(a)(iii)(B), 2003-2 C.B. 296, 298. Moreover, in determining whether a requesting spouse satisfies section 6015(b)(1)(D), we may consider, inter alia, whether such spouse satisfies section 6015(b)(1)(C).29 We have found that petitioner satisfies section 6015(b)(1)(C) for her taxable year 1982. We further find that in signing the 1982 joint tax return petitioner did not know, and had no reason to know, of the understatement in that return for purposes of section 6015(b)(1)(D). Other relevant factors that we may consider in determining whether a requesting spouse satisfies section 6015(b)(1)(D) include whether (1) the requesting spouse was deserted, divorced, or separated (marital status factor); (2) the requesting spouse would suffer economic hardship if relief were not granted (eco- nomic hardship factor); and (3) the requesting spouse made a good faith effort to comply with the tax laws for the taxable years following the taxable year to which the request for relief relates (tax compliance factor). See Washington v. Commissioner, 120 T.C. 137, 147 (2003); Alt v. Commissioner, supra at 314-316. 29See Halton v. Commissioner, T.C. Memo. 2005-209.Page: Previous 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Next
Last modified: May 25, 2011