Phyllis J. Merendino - Page 18

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               is attributable to the requesting spouse.                              
                    (b) Knowledge, or reason to know.  A requesting                   
               spouse knew or had reason to know of the item giving                   
               rise to a deficiency or that the reported liability                    
               would be unpaid at the time the return was signed.                     
               This is an extremely strong factor weighing against                    
               relief. * * *                                                          
                    (c) Significant benefit.  The requesting spouse                   
               has significantly benefitted (beyond normal support)                   
               from the unpaid liability or items giving rise to the                  
               deficiency. * * *                                                      
                    (d) Lack of economic hardship.  The requesting                    
               spouse will not experience economic hardship (within                   
               the meaning of section 4.02(1)(c) of this revenue                      
               procedure) if relief from the liability is not granted.                
                    (e) Noncompliance with federal income tax laws.                   
               The requesting spouse has not made a good faith effort                 
               to comply with federal income tax laws in the tax years                
               following the tax year or years to which the request                   
               for relief relates.                                                    
                    (f) Requesting spouse's legal obligation.  The                    
               requesting spouse has a legal obligation pursuant to a                 
               divorce decree or agreement to pay the liability.                      
          The above guidelines are not intended to be exhaustive, and no              
          single factor is determinative whether equitable relief will be             
          granted in a particular case.  Rather, all factors will be                  
          considered and weighed appropriately.  Ewing v. Commissioner, 122           
          T.C. 32, 48 (2004); Rev. Proc. 2000-15, sec. 4.03.                          
                    A.  Positive Factors                                              
                         i.  Marital Status                                           
               Petitioner and Dr. Merendino lived apart since at least                
          1998, with a few exceptions that disqualified petitioner under              
          the previous section 4.02(1)(a).  Given the overall record, we              

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