Suzanne E. Barrera, a.k.a. Suzanne E. Battle - Page 27




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          good faith effort to comply with Federal income tax laws in the             
          tax years following the tax years to which the request for relief           
          relates; and (6) the requesting spouse has a legal obligation               
          pursuant to a divorce decree or agreement to pay the unpaid                 
          liability.  Rev. Proc. 2000-15, sec. 4.03(2), 2000-1 C.B. at 449.           
               As Rev. Proc. 2000-15, sec. 4.03, 2000-1 C.B. at 448, makes            
          clear, no single factor is to be determinative in any particular            
          case, all factors are to be considered and weighed appropriately,           
          and the list of factors is not intended to be exhaustive.                   
               Respondent contends that petitioner has not demonstrated               
          that any of the factors weighs in favor of equitable relief.                
          Accordingly, we examine each factor in turn.                                
               1.   Marital Status                                                    
               Petitioner and Mr. Barrera were still married when                     
          petitioner filed her Form 8857 in September 2002, which fact                
          disqualified petitioner under Rev. Proc. 2000-15, sec. 4.02,                
          2000-1 C.B. at 448.  The following month, however, in October               
          2002, Mr. Barrera was sentenced to a 27-month term in a Federal             
          correctional facility, which he began serving in April 2003.                
          Thereafter, in March 2004, petitioner filed for dissolution of              
          her marriage to Mr. Barrera, and the action was pending at the              
          time this case was tried.16  Thus, petitioner has lived apart               

               16   On the issue of her marital status, petitioner relies             
          on a document that she attached to her posttrial memorandum and             
                                                             (continued...)           





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