- 14 - not be granted in any particular case. Rather, all factors will be considered and weighed appropriately. The list is not intended to be exhaustive.” Rev. Proc. 2000-15, sec. 4.03, 2000-1 C.B. at 448. We conclude from this that, in choosing an interpretation of the knowledge factor that was unexplained, “unpersuasive” (as we called it in Rosenthal), and seemingly contrary to the Commissioner’s own interest in having taxpayers amend their returns when they discover their spouses’ misreporting, the Commissioner was acting arbitrarily and so abused his discretion. We therefore find that the knowledge factor in this case weighs in favor of relief, not against it. B. Significant Benefit The second contested factor is whether David ”significantly benefited (beyond normal support) from the unpaid liability or items giving rise to the deficiency.” Rev. Proc. 2000-15, sec. 4.03(2)(c), 2000-1 C.B. at 448-49. A spouse’s benefit exceeds "normal support" when the money in question was used to pay for a child’s education, Jonson, 118 T.C. at 119-20, or special purchases for the couple or their children, Alt v. Commissioner, 119 T.C. 306, 314 (2002), affd. 101 Fed. Appx. 34 (6th Cir. 2004), or for unusually frequent travel, Barranco v. Commissioner, T.C. Memo. 2003-18 (lifestyle as a whole, which included several European vacations, was a significant benefit).Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: November 10, 2007