Debra Anne Banderas - Page 26




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          effort to comply with income tax laws in subsequent years; (7)              
          the requesting spouse was abused by the nonrequesting spouse; and           
          (8) the requesting spouse was in poor mental or physical health             
          when signing the return or requesting relief.  Rev. Proc. 2003-             
          61, sec. 4.03(2)(a) and (b), 2003-2 C.B. at 298-299.                        
               As just described in connection with analysis of section               
          4.02 of Rev. Proc. 2003-61, the marital status factor weighs in             
          favor of granting relief, while the economic hardship and                   
          knowledge elements weigh against granting relief.  The remaining            
          factors are considered below.                                               
               The legal obligation factor asks whether the nonrequesting             
          spouse has an obligation to pay the outstanding liability                   
          pursuant to a divorce decree or separation agreement.  Id. sec.             
          4.03(2)(a)(iv), 2003-2 C.B. at 298.  Because petitioner and                 
          Dr. Banderas were never divorced or separated, this factor is               
          neutral.                                                                    
               The significant benefit factor probes whether the requesting           
          spouse received, directly or indirectly, from the assets or                 
          income resulting from the unpaid liability any benefit in excess            
          of normal support.  Sec. 1.6015-2(d), Income Tax Regs.; Rev.                
          Proc. 2003-61, sec. 4.03(2)(a)(v), 2003-2 C.B. at 299                       
          (referencing sec. 1.6015-2(d), Income Tax Regs.).  Evidence of              
          such benefit “may consist of transfers of property or rights to             
          property, including transfers that may be received several years            







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