- 13 - 6. Compliance With Income Tax Laws; Presence of Abuse; and Mental or Physical Health There is no evidence that petitioner is not in compliance with his tax obligations. Tax compliance is a factor that the Commissioner will consider only against granting relief. Ewing v. Commissioner, 122 T.C. 32, 46-47 (2004). Therefore, this is a neutral factor. There are also no allegations of abuse, or mental or physical health problems. The absence of these factors will not weigh against equitable relief. See Rev. Proc. 2003-61, sec. 4.03(2)(b). The only factor in favor of petitioner is marital status. This, by itself, is insufficient to overcome petitioner’s actual knowledge of the distribution, which is a strong factor weighing against granting petitioner equitable relief. See id. sec. 4.03(2)(a)(iii). The Court finds, considering all the facts and circumstances, that there are no particularly compelling reasons to grant equitable relief under section 6015(f). Reviewed and adopted as the report of the Small Tax Case Division. Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14
Last modified: May 25, 2011