Debra Anne Banderas - Page 25

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          the Commissioner will ordinarily grant relief, petitioner does              
          not qualify for equitable relief under Rev. Proc. 2003-61, sec.             
          4.02, 2003-2 C.B. at 298.                                                   
               Where relief is not available under section 4.02 of Rev.               
          Proc. 2003-61, section 4.03 of the revenue procedure sets forth a           
          list of nonexclusive factors that the Commissioner will consider            
          in determining whether it would be inequitable to hold the                  
          requesting spouse liable for all or part of the unpaid income tax           
          liability.  As emphasized in Rev. Proc. 2003-61, sec. 4.03(2),              
          2003-2 C.B. at 298, no single factor is to be determinative;                
          rather, all factors are to be considered and weighed                        
               Eight factors are listed, the latter two of which will weigh           
          in favor of granting relief if present but will not weigh against           
          relief if absent.  The factors are directed toward whether:  (1)            
          The requesting spouse is separated or divorced from the                     
          nonrequesting spouse; (2) the requesting spouse will suffer                 
          economic hardship without relief; (3) the requesting spouse did             
          not know or have reason to know that the nonrequesting spouse               
          would not pay the liability; (4) the nonrequesting spouse had a             
          legal obligation to pay the outstanding liability; (5) the                  
          requesting spouse received significant benefit (beyond normal               
          support) from the enhanced assets or income resulting from the              
          unpaid liability; (6) the requesting spouse has made a good faith           

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