- 10 - any particular case, and the Commissioner will consider and weigh all relevant factors regardless of whether or not the factor is listed in Rev. Proc. 2003-61, sec. 4.03. Rev. Proc. 2003-61, sec. 4.03(2)(a), provides the following factors that may be relevant to whether the Commissioner will grant equitable relief: (1) Marital status, (2) economic hardship, (3) knowledge or reason to know of the item giving rise to the deficiency, (4) the nonrequesting spouse’s legal obligation, (5) significant benefit, (6) compliance with income tax laws, (7) abuse, and (8) mental or physical health. 1. Marital Status On July 27, 2000, the Superior Court of Arizona entered a Decree of Dissolution finalizing the divorce between petitioner and Ms. Valentine. This factor weighs in favor of granting relief. 2. Economic Hardship Economic hardship applies if satisfaction of the tax liability in whole or in part “will cause an individual taxpayer to be unable to pay his or her reasonable basic living expenses. The determination of a reasonable amount for basic living expenses will be made by the director and will vary according to the unique circumstances of the individual taxpayer.” Rev. Proc. 2003-61, sec. 4.03(2)(a)(ii); sec. 301.6343-1(b)(4)(i),Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011