- 25 - 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 appropriately. 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 faithPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 NextLast modified: November 10, 2007