- 9 - Rev. Proc. 2000-15, sec. 4.02(1)(a), 2000-1 C.B. at 448, and David and Rosalee have remained married throughout her ordeal. This leaves an eight-factor balancing test to decide whether relief would be "equitable." Id., sec. 4.03. Those factors, and the circumstances under which they are to weigh for or against relief or be treated as neutral, are easily summarized in a chart. Here we list those factors about which the parties agree in italics. Weighs for Relief Neutral Weighs against Relief No knowledge of Knowledge the underpayment or item giving rise to the deficiency Economic hardship No economic hardship No significant Significant benefit benefit3 Later compliance with No later compliance Federal tax laws with Federal tax laws Liability Liability attributable to attributable to nonrequesting petitioner spouse 3 Rev. Proc. 2000-15, sec. 4.03, 2000-1 C.B. at 448, does not state that the absence of a significant benefit will weigh in a petitioner’s favor, but only that a significant benefit will weigh against relief. Nonetheless, we decided in Ewing v. Commissioner, 122 T.C. 32, 45 (2004), vacated 439 F.2d 1009 (9th Cir. 2006) (and other cases cited), that the absence of a significant benefit should be a positive factor for petitioners.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: November 10, 2007