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