- 11 - Proced. & Admin. Regs. Unique circumstances do not include the maintenance of an affluent or luxurious standard of living. There is no indication on the record that petitioner lives an extravagant lifestyle. Petitioner, however, has offered no evidence that payment of the deficiency, in part or in full, would cause him financial hardship. This is a neutral factor. 3. Knowledge or Reason To Know Actual knowledge of the item giving rise to the deficiency is a strong factor weighing against relief. Rev. Proc. 2003-61, sec. 4.03(2)(a)(iii)(B). Petitioner agrees that he had actual knowledge of the distribution. 4. Nonrequesting Spouse’s Legal Obligation This factor weighs in favor of the requesting spouse where the nonrequesting spouse has a legal obligation to pay the outstanding income tax liability pursuant to a divorce decree or an agreement. Id. sec. 4.03(2)(a)(iv). The Decree of Dissolution of Marriage entered by the Superior Court of Arizona is silent as to the treatment of any potential income tax deficiency from joint returns filed by petitioner and Ms. Valentine. Petitioner has offered no evidence to show that Ms. Valentine has a legal obligation, pursuant to other agreement, to pay the 1999 tax deficiency. This is a neutral factor.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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