Ana Maria Rodriguez - Page 14

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          Rev. Proc. 2003-61, Sec. 4.03(2)(b)                                         
               This subsection lists factors that if present will weigh in            
          favor of equitable relief, but if not present, will not weigh               
          against relief.  The factors are (i) whether the nonrequesting              
          spouse abused the requesting spouse, and (ii) whether the                   
          requesting spouse was in poor mental or physical health.  Neither           
          of these factors is present in this case, and accordingly they              
          have no effect on the outcome.                                              
          Additional Factors                                                          
               Petitioner argues that she lacked knowledge regarding the              
          tax laws as the basis why she should be granted relief.  We have            
          held that where a taxpayer relies on a professional tax preparer,           
          it is not inequitable to make either spouse liable because the              
          error is based on a misunderstanding of the tax laws.  McCoy v.             
          Commissioner, 57 T.C. 732, 735 (1972).                                      
               On the basis of our examination of the facts and                       
          circumstances in this case, including the factors set forth in              
          Rev. Proc. 2003-61, sec. 4.03, 2003-2 C.B. 298, we conclude that            
          respondent did not abuse his discretion by acting arbitrarily,              
          capriciously, or without sound basis in fact in denying                     
          petitioner’s request for equitable relief under section 6105(f).            











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